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1. Defendant C shall pay to the Plaintiff KRW 25 million and the interest rate of KRW 15 percent per annum from July 24, 2015 to the day of complete payment.
Reasons
1. The parties' assertion
A. Defendant C used the Plaintiff’s money to use as hospital expenses to the Defendant B, and the Plaintiff, without setting interest on April 9, 2014, lent KRW 25 million to Defendant B’s account.
At the time, Defendant C is jointly and severally liable for the above debt of Defendant C, so the Defendants are jointly and severally liable for the repayment of the above loan to the Plaintiff.
B. The money that the Plaintiff transferred to Defendant B’s account is only the money borrowed by Defendant C and is not the loan by Defendant B.
Defendant C was aware of the Plaintiff and the Plaintiff for a long period of time, while Defendant C borrowed KRW 25 million from the Plaintiff due to lack of operating funds even at the time of April 9, 2014.
However, Defendant C only used a bank account in the name of Defendant B, her mother due to bad credit.
Defendant B did not have been involved in the instant lending, and thus cannot be viewed as the debtor against the Plaintiff.
2. Determination
A. On April 9, 2014, the Plaintiff’s determination as to the Plaintiff’s claim against Defendant C transferred a total of KRW 25 million to Defendant B’s financial account (FFD) under the name of Defendant C, the mother of Defendant C on April 9, 2014, by means of the statement in the evidence No. 1.
In addition, as to the character of the above money, Defendant C does not dispute the fact that it borrowed KRW 25 million from the Plaintiff.
Therefore, Defendant C is obligated to pay to the Plaintiff the above borrowed amount of KRW 25 million and damages for delay at the rate of KRW 15% per annum from July 24, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
B. The fact that the Plaintiff transferred the amount of KRW 25 million on April 9, 2014 to the Defendant B’s account, not the Defendant C’s account, as seen earlier.
However, each description of the evidence of Nos. 1 to 4 (including the number of pages) and the witness.