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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On September 14, 2011, the Plaintiff lent 5 million won to C, 24% per annum, and due date for repayment as of December 30, 2012. At the time, the Defendant guaranteed C’s obligation of the above loan (hereinafter “the loan”).
B. The Plaintiff is a person who received interest from C to December 13, 2012.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay as a guarantor the agreed interest rate of 24% per annum as agreed upon by the Plaintiff from December 15, 2012 to the day of full payment, as agreed upon by the Plaintiff, as the period after the Plaintiff was the person who received interest on five million won and the Plaintiff’s interest thereon, barring any special circumstances.
B. As to the Defendant’s assertion, the Defendant asserts to the effect that C paid the Plaintiff the instant loan in full, and even if not, the Plaintiff paid KRW 1 million in return for introducing C to the Plaintiff, so that C would offset the Defendant’s claim amount by the amount of the instant claim against the Plaintiff as the introduction fee claim of KRW 1 million against the Plaintiff.
However, the evidence presented by the Defendant alone exceeds the amount recognized earlier and C repaid the principal and interest of the loan of this case.
It is insufficient to recognize that the Plaintiff agreed to pay the introduction fee to the Defendant, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is without merit.
3. As such, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.