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1. The defendant shall pay to the plaintiff the amount of KRW 133,610,113 as well as KRW 49,554,612 from January 1, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On August 13, 2012, D Co., Ltd. (hereinafter “Nonindicted Company”) established and lent KRW 60,000,000 under the Defendant’s name at a rate of 29% per annum, and entered into a “Agreement on Installment Financing and Debate Loan” (hereinafter “instant contract”) and remitted the said loan (hereinafter “instant loan”) to the account with the E-Union branch account (Account Number F) in the Defendant’s name.
B. On May 2, 2018, the Plaintiff received the instant loan claim from the non-party company against the Defendant from the non-party company, and notified the Defendant on May 24, 2018.
C. The benefit of the term of the instant loan obligations was lost, and as of December 26, 2018, the principal of the instant loan remains 49,554,612 won, and interest or delay damages remains 84,05,501 won.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 8, and the purport of the whole pleadings
2. The assertion and judgment
A. On August 13, 2012, the Plaintiff: (a) the Defendant prepared the instant contract with the Nonparty Company; and (b) the Plaintiff acquired the instant loan claims against the Defendant from the Nonparty Company; (c) the Defendant is obligated to pay the principal of the instant loan and the damages for delay thereof, etc. to the Plaintiff. Even if the Defendant drafted G without preparing the instant contract, the Defendant is recognized as liable for expressive representation under Article 126 of the Civil Act or tort liability that facilitates G’s tort. (b) The Defendant, as to the instant loan, did not know at all because he directly prepared the instant contract or received the instant loan; and (d) drafted the instant contract by deceiving the Defendant.
B. In full view of the purport of the entire pleadings, the written evidence Nos. 1, 5, 9, and 11-2, 3, and 12 of the judgment of the court below, the Defendant’s seal impression is affixed to the instant contract, and the Defendant himself/herself is issued.