대여금
1. Defendant B’s KRW 40,000,000 as well as 5% per annum from September 1, 2013 to June 12, 2015, and the following:
1. The Plaintiff loaned KRW 40,00,000 to Defendant B on May 14, 2013, and transferred the said money to Defendant C’s bank account, which was the affiliated company of Defendant B. The fact that the date of the final repayment of the said loan was the end of August 2013 can be acknowledged in full view of the purport of the entire pleadings in the written evidence Nos. 1 and 2.
Therefore, Defendant B is obligated to pay 40,000,000 won and the delay damages calculated at the rate of 5% per annum under the Civil Act from September 1, 2013 to June 12, 2015, which is the service date of the complaint from September 1, 2013, which is the day after the date of the above repayment, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following to the day of full payment
2. The Plaintiff asserted that the part of the claim against Defendant C lent the above money to Defendant C, which is the Defendant’s put to Defendant B, but it is not sufficient to recognize the above only by the descriptions of the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's argument against the defendant C is without merit.
3. Thus, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.