대여금
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. Determination on the cause of the claim
A. The Plaintiff loaned KRW 10 million to Defendant B on July 25, 2016 (hereinafter “instant loan”), and Defendant C’s joint and several sureties do not have any dispute between the parties. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from December 6, 2019 to the date of full payment, as the Plaintiff seeks with respect to KRW 10 million and the amount of damages for delay calculated from December 6, 2019 to the date of full payment.
B. As to this, the Defendants asserted that Defendant B delivered to Defendant C in cash the amount of KRW 7 million on November 22, 2016, and KRW 3 million on March 13, 2017, and that Defendant C wired it to the Plaintiff on the same day, and thus, the Defendants asserted that Defendant C returned it to the Plaintiff on the same day, and thus, the Defendants’ assertion was not in dispute between the parties, but in light of the following circumstances, the evidence submitted by the Defendants alone is insufficient to acknowledge the repayment of the instant loan. Therefore, the Defendants’ assertion is without merit.
① Defendant B alleged that Defendant C received KRW 10 million from Defendant C in cash and remitted it to the Plaintiff. However, the evidence submitted by the Defendants alone, such as the discovery of traces of deposit in Defendant C’s account, is insufficient to recognize that Defendant B delivered KRW 10 million in cash to Defendant C.
② The Defendants asserted that Defendant C received cash of KRW 3 million from Defendant B on March 13, 2017, and remitted it to the Plaintiff. However, the Defendants’ assertion that the Plaintiff delivered KRW 2 million to the Plaintiff in cash on January 1, 2017 and transferred the remainder of KRW 2.8 million to the Plaintiff is questionable as to the credibility of the assertion, as well as KRW 200,000,000,000,000,000 won as alleged by the Defendants.