beta
Text
1. The Defendant’s annual period from February 16, 2019 to April 15, 2019, as to KRW 208,549,294 and KRW 180,013,462 among the Plaintiff.
Reasons
1. Facts of recognition;
A. The Industrial Bank of Korea, around December 27, 2013, extended a loan of KRW 650,000,000 to C Co., Ltd. at a rate of 11% per annum and the due date on January 23, 2015 (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the instant loan obligations to small and medium enterprises.
B. On October 22, 2015, the Industrial Bank of Korea transferred the instant credit to D Co., Ltd., and on November 13, 2015, the said D transferred the said credit to the Plaintiff, and on November 16, 2015, the Plaintiff notified the Defendant thereof.
C. The interest based on the instant loan obligation was lost, and as of February 15, 2019, the principal of the instant loan remains 180,013,462 won, and the interest (including delay damages) remains 28,535,832 won.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay the principal of the loan of this case and interest or delay damages to the plaintiff, unless there are special circumstances.
B. The defendant argues that only belongs to E and that he is not responsible for the repayment of the loan of this case. Thus, I think that the defendant permits E to enter into the loan contract of this case in the name of the defendant with certain consideration from E and directly sign and seal the loan contract of this case (Evidence A A). Thus, the defendant's assertion on this part is not acceptable, since the loan of this case is naturally reverted to the defendant.
C. Therefore, as of February 15, 2019, the Defendant sought from the Plaintiff as of February 15, 2019 as to KRW 208,549,294 of the principal and interest of the instant loan and KRW 180,013,462 of the principal and interest of the instant loan from February 16, 2019 to April 15, 2019, the delivery date of a copy of the instant complaint from February 16, 2019, the agreement rate of 11% per annum, and the following day to the date of full payment.