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1. Defendant B’s KRW 30,000,000 as well as annual 20% from March 3, 2015 to September 30, 2015, respectively, to the Plaintiff.
Reasons
1. The parties' assertion
A. On March 11, 2009, the Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to Defendant B under the joint and several guarantee of Defendant C Co., Ltd. (hereinafter “Defendant C”), and the Defendants are jointly and severally liable to pay the said borrowed amount to the Plaintiff.
B. Around March 11, 2009, the Plaintiff operating D, the Defendant B’s asserted removal company, introduced F from Defendant B the chairperson of the Promotion Committee for the Establishment of the E Urban Environment Rearrangement Project Association. In the event that the said Promotion Committee establishes an association and implements an urban environment improvement project, the Plaintiff lent KRW 30,000,000 to F in the name of D for the purpose of taking charge of the removal of D, and the Plaintiff, the applicant as evidence of the said money transaction, was issued and delivered a loan certificate from Defendant B.
As such, the lender who lent the above KRW 30,000 to the Plaintiff is not the Plaintiff, and the borrower is F. Thus, the Defendants are not parties to a monetary loan agreement, and thus, are not liable to repay the above loan to the Plaintiff.
In addition, as alleged by the Plaintiff, the Plaintiff borrowed the above KRW 30,00,00 for the business of Defendant C even if the lender, Defendant B, and Defendant C were joint and several sureties, and Defendant C jointly and severally guaranteed the said loan, the Plaintiff’s above loan constitutes a claim arising out of commercial activities, and thus the statute of limitations has already expired on March 12, 2014, which was before the instant lawsuit was instituted.
2. Determination:
A. In full view of each of the statements in evidence Nos. 1 and 2 as to the parties to the monetary loan contract of March 11, 2009, the Plaintiff deposited 30,000,000 won at a face value of 10,000 won at a bank account in his own name and lent it to the borrower on March 11, 2009, and Defendant B borrowed 30,000,000 won to the creditor on March 11, 209, respectively.