대여금반환
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 96.7 million and the interest thereon from May 24, 2017 to the day of complete payment.
1. The Plaintiff and Defendant C have no dispute between the Plaintiff and Defendant C. Based on the overall purport of each entry and pleading as to the evidence A1 through 4, the Plaintiff transferred to D on August 11, 2016, KRW 20 million to E, KRW 15 million to F on October 1, 2016, and KRW 61.7 million to F on October 3, 2016, and the Defendants were to the Plaintiff as the Defendant B and the joint guarantor, and received KRW 96.7 million from the Plaintiff on October 3, 2016 to November 30, 2016, it can be recognized that the Plaintiff prepared and delivered a cash receipt (Evidence 3) with the purport that the Plaintiff would repay to the Plaintiff from October 31, 2016 to November 30, 2016.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 96.7 million won and the damages for delay at the rate of 15% per annum from May 24, 2017 to the day of full payment, which is the day following the last delivery date of the copy of the complaint of this case.
2. Defendant B asserts that the Plaintiff, the owner of the building, paid the construction cost directly to the Dowon Co., Ltd. subcontracted by Defendant B and prepared a cash storage certificate within the meaning of Defendant B’s liability if the construction is not properly executed.
According to Eul evidence No. 1, the fact that the plaintiff directly paid the construction cost to the subcontractor, and the defendant B filed a complaint by fraud, but the defendant B received a non-suspected disposition is recognized.
However, in light of the evidence evidence Nos. 5 through 7, it is insufficient to recognize that the money transferred by the Plaintiff at the request of the Defendants was the money paid as construction cost, and there is no other evidence to acknowledge it.
3. Accordingly, the plaintiff's claim shall be accepted on the ground of the reasons.