대여금등
1. Defendant B’s KRW 62,350,000 and the Plaintiff’s annual rate of KRW 5% from August 12, 2015 to November 20, 2015.
1. According to the purport of the entire pleadings as to the claim against Defendant B: (a) around April 24, 2007; (b) around May 7, 2007; (c) KRW 4 million around May 8, 2007; (d) KRW 2 million around May 9, 2007; (e) KRW 6 million around May 16, 2007; (f) around May 16, 2007; (c) KRW 10 million from May 25, 2007; (d) KRW 2 million from the date following the loan; and (e) KRW 1.5 million from May 25, 2007; (e) KRW 2 million from June 5, 2007; and (e) KRW 7 million from June 15, 2007; and (e) KRW 7 million from the date after the loan was lent to the Plaintiff as to the remainder of this case’s KRW 5 million.
On the other hand, from October 1, 2015, the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings can be claimed. Therefore, the part of the plaintiff's damages for delay in excess is without merit.
2. Determination as to the claim against Defendant C: (a) the Plaintiff was jointly and severally liable for the repayment of the loan amounting to KRW 56 million among the loans specified in the above paragraph (1) (i.e., 6 million won on May 16, 2007, May 25, 2007, KRW 20 million on June 15, 2007, and KRW 20 million on June 15, 2007) deposited the loan amount to the Korean bank account (D) in the name of Defendant C in the name of the Plaintiff, as it is deemed necessary for the use of the living fund or the business fund of the children; and (b) the interest amounting to KRW 10 million on and over 16 occasions has been transferred from the above account; (c) the Defendant C was jointly and severally liable for the repayment of the loan amount as a joint borrower, or the nominal lender or passbook under Article 24 of the Commercial Act.