beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. Before August 1, 2012, the Plaintiff and the Defendants settled money transactions between the Plaintiff and the Defendants, and confirmed that the amount to be paid to the Plaintiff was KRW 24,614,400. The Plaintiff, who agreed to lend KRW 23,585,600 to the Defendants, transferred KRW 23,585,60 on the same day to the Defendant’s account under the name of Defendant B.
B. Accordingly, on August 1, 2012, the Defendants drafted and issued to the Plaintiff a certificate of borrowing KRW 50,000,000 to the effect that they jointly borrow KRW 12 months and interest rate per 2% (Evidence A 1).
C. The Defendants paid KRW 29,730,000 to the Plaintiff by June 30, 2016.
[Reasons for Recognition] 1-3 Evidence Nos. 1-3-8, the purport of the whole pleadings
2. According to the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff the total amount of KRW 50,000,000 with KRW 17,270,000 on June 30, 2016 and the remainder of KRW 17,000 on June 30, 2016 (=50,000,000 x 0.02 x 0.02 x 47 months) - 29,730,000 on the total amount of KRW 67,270,000 on the day following the date of final repayment, and damages for delay calculated at the rate of KRW 2% on the day from July 1, 2016 to the day of full payment.
The defendants asserted that the plaintiff was engaged in a partnership business on the condition that the plaintiff made an investment, and that the plaintiff promised not to claim the return of the investment amount to the defendants, and the bonds borrowed from a third party are the bonds borrowed from a third party, and that the plaintiff made a loan certificate to the plaintiff. However, since there is no evidence to prove this, the defendants' assertion is without merit.
3. In conclusion, the plaintiff's claim of this case shall be accepted as reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.