대여금
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. If the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1-10 (including the entire serial number) as to the cause of the claim, the plaintiff extended loans to the defendant B and C as of August 17, 2012, the interest rate of KRW 1.5%, the interest rate of KRW 1.5%, and the due date of repayment on August 17, 2013, and the defendant D guaranteed the above loan obligations. The plaintiff lent loans to the defendant B and C at the rate of KRW 1.5% per month interest rate on August 27, 2012, and the defendant D guaranteed the above loan obligations.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages calculated at the rate of 18% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is calculated at the rate of 20 million won per annum from December 28, 2012, stating that the Plaintiff is the day after the date when the Plaintiff received the last interest on the said loans to December 16, 2014 (Defendant B is the day after December 16, 2014; Defendant C and D are December 15, 2014).
2. Determination as to the defendants' defense
A. In fact, the Defendants asserted that E, the husband of the Plaintiff, transacted with the Defendants, including the loan of KRW 400 million, and the Defendants entered into a promise of accord and satisfaction with E, instead of paying the above loan of KRW 400 million, to transfer the ownership of forest land located in E, e and the forest located in E,00,000.
Therefore, although the Defendants provided documents necessary for the registration of transfer of forest land ownership to E or the Plaintiff, E and the Plaintiff did not accept the registration of transfer of ownership against the above agreement.
The Plaintiff is merely obligated to acquire the registration of ownership transfer of the said forest land from the Defendants in accordance with the aforementioned accord and satisfaction reservation, and cannot seek the return of the said loan from the Defendants.
B. The description of No. 4 alone is insufficient to admit the Defendants’ above assertion, and there is no other evidence to acknowledge it.
The above defenses of the defendants cannot be accepted.
3...