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1. The Defendant’s KRW 45,00,000 as well as 5% per annum from March 17, 2016 to November 16, 2017 to the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion and Nonparty C operated a D agency located in Seongbuk-gu, Changwon-si as a partnership. On October 31, 2013, the Defendant and C borrowed KRW 70 million from the Plaintiff as the monthly interest rate of KRW 1 million, but up to now, the interest rate of KRW 16.8 million was unpaid.
In addition, around January 2016, C is responsible for the above loan amounting to KRW 25 million, and the defendant is responsible for KRW 70 million, and the defendant is responsible for KRW 45 million among the loan amounting to KRW 70 million and prepares a certificate of borrowing as evidence.
Therefore, the Defendant is obligated to pay the interest amounting to KRW 16.8 million and the interest amounting to KRW 45 million based on the loan certificate prepared around January 2016.
B. In full view of the facts that there is no dispute or no clear dispute, and that Gap evidence No. 1-1 and the purport of the whole pleadings, the defendant, around January 2016, is liable for KRW 45 million out of the above KRW 70,000,000, and the fact that the loan certificate was prepared accordingly can be acknowledged.
Furthermore, as to whether the Defendant and C jointly borrowed KRW 70 million from the Plaintiff on October 31, 2013 at the monthly interest rate of KRW 1 million, the Plaintiff’s assertion on this part is without merit, and there is no other evidence to acknowledge this. The Plaintiff’s assertion on this part is without merit.
C. According to the theory of lawsuit, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 5% per annum under the Civil Act until November 16, 2017, which is the date following the delivery date of a copy of the complaint of this case, and as the Plaintiff seeks, from March 17, 2016, to November 16, 2017, which is deemed reasonable to dispute about the existence or scope of the obligation to perform.
2. Conclusion.