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1. Defendant C: (a) KRW 80,000,000 for the Plaintiff and 5% per annum from June 26, 2017 to April 6, 2018, and the following.
Reasons
1. Determination as to the claim against Defendant C
A. On October 28, 2013, the Plaintiff lent KRW 80,000,00 to Defendant C. (2) Defendant C agreed to pay the Plaintiff the said amount of KRW 80,000,000 up to June 25, 2017.
【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings
B. According to the above recognition facts, Defendant C is obligated to pay the Plaintiff the amount of KRW 80,00,000,000, and the amount of delay damages calculated at the rate of 5% per annum under the Civil Act from June 26, 2017 to the date of delivery of the copy of the complaint in this case from June 26, 2017, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following to the date of full payment
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion 1) The Defendant B is a person in a de facto marital relationship with the Defendant C. The Defendant B used the excess import business fund, and borrowed money from the Plaintiff. On October 28, 2013, the Plaintiff lent KRW 50,000,000 to the Defendants by remitting KRW 30,000,000 to the deposit account in the name of the Defendant C on the same day. Therefore, the Defendant B is jointly and severally with the Defendant C to pay KRW 80,000,000 and its delay damages. (2) Although the Defendant B received KRW 30,00,000 from the Plaintiff, the Plaintiff did not receive money from the Plaintiff.
The Plaintiff agreed to make an investment of KRW 100,000,000 in Defendant C, which is operated by Defendant C, and transferred KRW 50,000,000 to Defendant C’s account by means of remitting the amount of KRW 80,000,000 to Defendant C, and the amount of KRW 30,000,000 was remitted to Defendant C’s account, and Defendant B immediately paid KRW 30,00,000 that was remitted from the Plaintiff to Defendant C.
B. The fact that the Plaintiff remitted KRW 30,000,000 to the Defendant B’s deposit account is not a dispute between the parties.
(b).