대여금
1. Defendant C shall pay to the Plaintiff KRW 30,329,027 and the interest rate of KRW 12% per annum from December 25, 2019 to the date of full payment.
1. Facts of recognition;
A. On August 1, 2018, the Plaintiff received a loan of KRW 30 million (hereinafter referred to as “non-party bank loan”) from the non-party D Bank (hereinafter referred to as “non-party D Bank”) at the rate of KRW 4.17% per annum, and thereafter on August 2, 2018, the repayment period for Defendant C to Defendant C was set as September 2, 2018, and the interest on the non-party bank loan was set as KRW 30 million by the said Defendant to deposit the interest on the non-party bank loan into the Plaintiff’s account.
(hereinafter “instant loan or loan”). (b)
Defendant C transferred money in the name of interest on the loans of Nonparty C to the Plaintiff’s account from April 10, 2019. However, Defendant C did not pay interest after April 10, 2019 and KRW 30 million on the loan principal of this case.
Accordingly, from May 10, 2019 to July 2019, the Plaintiff repaid to Nonparty Bank the total of KRW 329,027 and KRW 30 million of interest on Nonparty Bank loans.
2. Determination as to the cause of the claim
A. According to the above facts of recognition against Defendant C, Defendant C is obligated to pay to the Plaintiff the amount of KRW 30,329,027, the sum of KRW 329,027, the interest of KRW 329,027, and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 25, 2019 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.
B. As to Defendant B, at the time of the instant loan, the Plaintiff agreed to jointly and severally repay the instant loan to the Plaintiff when the Defendants, as the couple, requested the loan. Since there was an implied special agreement between the Plaintiff and the Defendants to establish a joint and several liability by comprehensively taking into account the Defendants’ repayment ability, Defendant B is jointly and severally liable with Defendant C to pay the principal and interest on the instant loan amount of KRW 30,329,027 and delay damages.