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1. The defendant shall pay to the plaintiff KRW 58,73,484 and KRW 58,576,051 among them, from November 4, 2014 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. The facts under the findings of fact may be acknowledged if there is no dispute, or if the facts set forth in Gap evidence 1 through 5, and the testimony of witness B added the whole purport of the pleadings to the whole purport of the pleadings.
[1] On September 30, 2014, the Plaintiff entered into the instant loan agreement with the Defendant to provide the Defendant with the loan amounting to KRW 60,000,000 at the loan period of 36 months and interest rate of 10.9% per annum (25% per annum at the time of occurrence of a cause for loss of benefit of time).
The Plaintiff and the Defendant entered into the following special agreements regarding the instant loan.
Article 1: The Plaintiff transfers the loan to the account of “C Company D” designated by the Defendant.
Article 2: If the defendant registers the middle-term vehicle under the name of the defendant within 30 days from the date of payment of the loan and does not establish a first-class mortgage on the plaintiff, he/she shall lose the benefit of the deadline, and shall immediately repay the loan, interest
(2) The Plaintiff remitted the loan as stipulated in Article 1 of the Special Agreement.
After that, the Special Agreement on November 3, 2014, caused the cause for the loss of benefit under Article 2, and the remaining principal as of the above date is KRW 58,576,051, and the unpaid interest rate is KRW 157,433.
B. Therefore, the Defendant is obligated to pay to the Plaintiff the agreed-upon damages calculated at the rate of 25% per annum from November 4, 2014 to the day of full payment with respect to the remaining principal of KRW 58,576,051 (=58,576,051) and KRW 57,433).
2. Judgment on the defendant's assertion
A. The gist of the assertion ① The actual principal debtor of the instant loan is E, and the Defendant is merely a formal debtor under the Plaintiff’s understanding, and thus does not bear a loan obligation.
② Even if the Defendant’s loan liability is recognized, the instant loan was completed in the name of the Defendant, and then its security has been completed.