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1. The Defendant’s KRW 29,276,37 as well as 5% per annum from June 28, 2016 to November 18, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On July 1, 2015, the Defendant obtained a total of 30,000,000 loans from ten lending companies as indicated in the attached Table “the details of loans” (hereinafter “each of the instant loans”), and the Plaintiff jointly and severally guaranteed each of the instant loans by the Defendant.
B. Since January 18, 2016, the Plaintiff subrogated KRW 29,276,337 of each of the obligations of this case as indicated in the attached Table “the details of subrogated repayment” column from around January 18, 2016.
C. The Defendant is subject to criminal trials due to fraud, etc. in this Court No. 2016Kahap449. The criminal facts stated in the indictment include the following facts: “The Defendant (the Defendant) within his/her own vehicle located at the C middle school parking lot in the Namyang-si, Gyeonggi-gu, Gyeonggi-do, the Seoul High School (hereinafter “the Plaintiff of this case”) around July 1, 2015, and the victim (the Plaintiff of this case is not subject to loans because they need any further expenses, and she would not be able to know about how to repay the loan,” but the Defendant did not have any intent or ability to repay the loan as stated in the foregoing paragraph. The Defendant, by deceiving the victim as above, had the victim, and then had the victim borrow 30 million won from the 11 lending enterprises, such as DK Credit Business Entities, etc., and acquired the same amount of financial profits by having the victim obtain joint and several liability.”
[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including provisional number), 3, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts, the Defendant, a debtor of each of the instant loans, is entitled to dispute as to the existence or scope of the Defendant’s obligation under the Civil Act from June 28, 2016 until November 18, 2016, as claimed by the Plaintiff, in the absence of special circumstances against the Plaintiff, the subrogated debtor of each of the instant loans, as well as KRW 29,276,337, which the Plaintiff subrogated.