차용금 등
1. Defendant B shall pay to the Plaintiff KRW 41,00,000 and the interest rate of KRW 15% per annum from May 10, 2017 to the date of full payment.
Defendant B’s assertion as to the claim for damages due to joint tort (the primary cause of claim) did not have the intent and ability to pay the Plaintiff money from the beginning, but the Plaintiff had the intent to pay the money to the Plaintiff, by deceiving the Plaintiff that “it is planned to operate marina Pafaf, but would give interest on the high interest rate upon the loan of the business fund,” and by borrowing KRW 50 million from the Plaintiff, the said money was acquired by deceiving the Plaintiff. Defendant C, a partner of the Defendant B, lent the passbook to the Defendant B illegally, and assisted the act of taking the above money out of the above loan amount to deposit KRW 47 million out of the above loan amount with the above passbook. As such, the Defendants, as joint tortfeasor, are jointly and severally liable to pay the Plaintiff the above amount of KRW 50 million with compensation for damages.
Judgment
Around December 2015, the Plaintiff loaned KRW 50 million to Defendant B for interest rate of KRW 50 million (hereinafter “instant loan”). The Plaintiff deposited KRW 47 million, which is part of the instant loan, into the account in the name of Defendant B’s Dong at Defendant B’s request, and Defendant B repaid KRW 9 million to the Plaintiff on May 3, 2016. On the same day, the Plaintiff changed the interest rate of the instant loan from KRW 5% to KRW 3% per month; the Plaintiff did not dispute between the parties, or the entire purport of the pleadings can be acknowledged by comprehensively taking into account the following facts: (a) the loan principal amount of KRW 41 million has not yet been repaid; (b) the loan amount of KRW 50 million has not yet been repaid; and (c) the Plaintiff paid KRW 2, 3, and 1 million to the Plaintiff.
However, the fact that Defendant B failed to repay part of the instant loan borrowed from the Plaintiff, and the fact that Defendant C lent the passbook to Defendant B is sufficient to recognize that Defendant B fraudulently obtained the instant loan by deceiving the Plaintiff, and Defendant C knew of and aided the Defendant B’s deceptive act.