대여금
1. Defendant B shall pay the Plaintiff KRW 73,996,00 and the interest rate of KRW 15% per annum from August 6, 2016 to the date of full payment.
1. On the ground of facts, Defendant B asked Defendant B to lend money to the Plaintiff’s form D, and upon D’s request, remitted the money to the bank account in the name of Defendant C designated by Defendant B from September 18, 2006 to the bank account in the name of Defendant C, the Plaintiff’s wife, as well as KRW 73,96,000 on September 26, 2006, KRW 73,056,000 on October 12, 2006, and thereafter, the Plaintiff notified Defendant B of the return of the above loan, without any dispute between the parties, or the entire purport of the pleadings in full view of the written evidence No. 1 and the results of this court’s order to submit financial transaction information to the Nonghyup Co., Ltd.
2. Determination
A. According to the above facts of recognition as to the claim against Defendant B, KRW 73,996,00,00, which the Plaintiff transferred from the bank account in the name of his wife E to the bank account in the name of Defendant C designated by Defendant B, was the money borrowed by Defendant B from the Plaintiff, and the maturity period for the above loan claim has arrived on the date of delivery of a copy of the complaint of this case where a considerable period has elapsed since the Plaintiff notified the Plaintiff of the return of the above loan at latest.
As such, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 6, 2016 to the day of full payment, namely, the day following the day following the delivery of a copy of the complaint in this case.
B. The Plaintiff asserted that the Defendant C is a joint borrower and sought the return of the above money against the Defendant C. However, as seen earlier, the Defendant B is merely merely using the bank account in the name of the Defendant C in order to receive the money borrowed from the Plaintiff, and there is no other evidence to acknowledge the fact that Defendant C borrowed the above money jointly with the Plaintiff. Thus, the Plaintiff’s claim against the Defendant C is without merit.