beta
Text
1. The defendant shall pay to the plaintiff KRW 35,00,000 as well as 5% per annum from February 4, 2019 to December 5, 2019, and the next day.
Reasons
1. The fact that the Defendant, a party to whom the Plaintiff incurred the guaranteed obligation, agreed to pay in lieu of the Plaintiff a debt 3.5 million won on November 1, 2012, with respect to the lending of money that the Plaintiff incurred to E, does not dispute between the parties, or that the Defendant agreed to pay in lieu of the Plaintiff a debt 3.5 million won may be recognized by the statement in subparagraph 1-1.
2. Determination on the cause of the claim
A. At the time of the above agreement, the Plaintiff asserts that at the time of the agreement, the Defendant agreed to pay the above KRW 3.5 million and interest thereon at the rate of 36% per annum after November 1, 2012, within three months.
B. We examine whether there is no evidence to acknowledge the repayment period and interest agreement of the Plaintiff’s assertion, and rather, on the date of the above agreement, deeming that the promissory note (No. 1-1-1) that the Plaintiff received from the Defendant as the date of the above agreement is a food for sight, and that there was no payment period and interest agreement. Thus, it is reasonable to deem that there was no payment period and interest agreement for the guaranteed obligation of this case only before February 3, 2019 when a considerable period from January 26, 2019 after the date on which the Defendant received the complaint of this case was served.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3.5 million and the amount of damages for delay at the rate of 12% per annum under the Civil Act from February 4, 2019 to the date of this decision with a considerable seal to dispute about the scope of the Defendant’s obligation to perform, and from the following day to the date of full payment, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of
3. The defendant alleged that E, the principal obligor, performed the entire obligation, but there is no evidence to prove this in addition to the witness E's witness's testimony.
4. To accept the Plaintiff’s claim for the conclusion within the scope of the above recognition.