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1. The Defendant shall pay to the Plaintiff KRW 179,665,753 as well as 30% per annum from July 16, 2013 to the day of full payment.
Reasons
1. The actual creditor and the amount of loan claims in this case;
A. (1) On July 10, 2012, the gist of the Plaintiff’s assertion: (a) the Plaintiff agreed to receive KRW 325 million, including the interest of KRW 45 million in advance for a six-month period, and agreed to receive KRW 325 million until January 8, 2013 between the Plaintiff and the Defendant (FS Construction Co., Ltd., Ltd.) at 2.5% interest rate (hereinafter “instant lease”); and (b) the Plaintiff received KRW 1.6 million and KRW 307,00,000,000,000,000,000,000 was paid by January 8, 2013; and (c) the Plaintiff received KRW 1.6 million and KRW 1.206,000,000,000,000,000 from the payment in kind, the Defendant is obligated to pay the remainder of the loans to the Plaintiff.
(2) The gist of the Defendant’s assertion is that the actual creditor of the instant loan is not the Plaintiff, and the amount of the claim that the Plaintiff is the actual creditor of the instant loan is merely KRW 260 million, and cannot respond to the Plaintiff’s claim.
B. Where a party to a determination prepares in writing a disposal document, the content of a contract shall not be cited in the phrase used in the document, but it shall reasonably interpret the objective meaning that the party gives to the expression in writing, regardless of the party’s internal intent, and in such a case, if the objective meaning of the text is clear, the existence of the expression of intent and its contents should be acknowledged according to the language, unless there are special circumstances.
(See Supreme Court Decision 2009Da92487 Decided May 13, 2010). According to the statement No. 1-2, No. 1-2, and No. 1-2, and the court’s response to an order to submit financial transaction information to the head of a national bank E branch of this court, the Defendant issued to D on July 10, 2012 with a face value of KRW 325 million, and a promissory note with an addressee D, and a notary public written on its face value in 2012.