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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from June 11, 2009 to January 22, 2018 to the Plaintiff.
Reasons
1. The Plaintiff loaned KRW 150,000,000 to C on several occasions in light of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 3, or comprehensively taking account of the purport of the entire pleadings, the Plaintiff: (a) made and received a written statement of payment stipulating that C will pay the above loan from January 1, 2008 to January 20, 208; (b) however, C paid only KRW 50,000,000; and (c) while the remainder of the loan was not repaid on May 29, 2009, the Defendant agreed to pay the Plaintiff KRW 100,000,000 to the Plaintiff by June 10, 2009.
2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff 100,000,000 won and damages for delay calculated by the rate of 5% per annum as prescribed by the Civil Act from June 11, 2009 to January 22, 2018, which is the day following the due date for payment, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The defendant asserts that a person who borrows money from the plaintiff is C and he is not related to the above monetary transaction, and therefore, he does not have any obligation to repay the loan in this case.
However, upon C’s request, the Defendant prepared the instant confirmation document inevitably because the Plaintiff was not able to believe C and the Defendant was responsible for it. However, even if the Defendant did not use the said money, the Defendant is obligated to jointly pay the said money with C, the primary debtor, as a guarantor, even if he did not use the said money.
Therefore, the defendant's above assertion is without merit.
B. The defendant alleged to the effect that the plaintiff made and delivered the other confirmation document of this case close to C by threatening C, but there is no evidence to acknowledge it.