beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 25, 2013, the Plaintiff asserted that the Plaintiff lent KRW 100,000,000 to Defendant B on a due date set at 12% per annum on November 24, 2014, and Defendant MS Korea jointly and severally guaranteed Defendant B’s above loan obligation against the Plaintiff on the same day.
However, the Defendants paid only KRW 20,000,000 among the principal, and did not pay interest after October 25, 2014.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 80,000,000 and damages for delay from October 25, 2014.
2. Determination:
A. As to who is a party to a contract in cases where an actor who enters into a related legal doctrine was engaged in a legal act in the name of another person, in which case the actor and the other party agree with each other, then the actor or the nominal person shall be determined as the party to the contract in accordance with the same intent. If the other party does not coincide with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc., in which case the reasonable person would understand either the actor
(See Supreme Court Decision 2010Da83199 Decided October 10, 201, etc.). B.
In this case, according to the evidence Nos. 2 and 6, each of the Plaintiff’s account was remitted from November 25, 2013 to Defendant B’s account. The fact that the Defendants deposited the above loans into the Plaintiff’s account at the time of partial repayment is recognized.
However, in full view of the purport of the argument in Eul's evidence Nos. 1 and Eul's evidence Nos. 1, the creditor mentioned in the statement as non-party C in the monetary loan certificate, and the name of the remitter of KRW 100,000,000 remitted on November 25, 2013 in the passbook No. 200, the plaintiff is the Internet against the defendant B.