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Defendant D shall pay 150,00,000 won to the Plaintiff and 12% per annum from May 13, 2020 to the day of full payment.
Reasons
1. In full view of the overall purport of the pleadings as to the claims against Defendant D, the Plaintiff’s lending of KRW 150,000,000 to Defendant D on February 15, 2017, based on the respective descriptions of evidence set forth in subparagraphs 1 through 4, 6 through 7.
According to the above facts, Defendant D is obligated to pay to the Plaintiff the amount of KRW 150,00,000 and the amount calculated by the annual rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 13, 2020 to the date of full payment after the copy of the complaint of this case was delivered to the above Defendant (the Plaintiff sought payment of interest or delayed damages from the date following the loan of the above amount to Defendant D, but there is no evidence to prove that the Plaintiff and Defendant D agreed to pay interest on the above loan or that the maturity was fixed).
A. The gist of the Plaintiff’s assertion is that Defendant B and C are the parents of Defendant D, who are the father and mother of the Plaintiff.
Defendant B was actually operating an elementary school of E, and the Plaintiff was in office as an agent of the head of the administrative office of E elementary school.
The Plaintiff transferred KRW 150,00,000 to Defendant D’s account upon receipt of a request from Defendant B, his mother, to the effect that money is necessary for the payment of attorney’s fees and fines, and the said money was actually used by the Defendants.
Therefore, the Defendants jointly borrowed the above 150,000,000 won from the Plaintiff. As such, Defendant B and C bear the obligation to repay the above loans jointly with Defendant D.
B. The Plaintiff’s assertion that Defendant B and C jointly borrowed the above loan from Defendant D with the Plaintiff, or that Defendant D used the above borrowed money as Defendant B’s attorney’s fee or fine is insufficient solely on the basis of the written evidence of evidence Nos. 2 and 7, and there is no other evidence to acknowledge otherwise.
3. Conclusion.