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1. Defendant B shall pay 40,000,000 won to the Plaintiff and 20% per annum from July 1, 2004 to the day of full payment.
Reasons
1. The fact that Defendant B borrowed KRW 40,000,000 on Nov. 10, 2003 and KRW 40,000 on Nov. 2, 2003 that the Plaintiff would pay 13% of the principal as profit once every two months. The fact that Defendant B borrowed KRW 20,000,000 on Nov. 2, 200 is no dispute between the parties.
Therefore, Defendant B is obligated to pay to the Plaintiff the agreed interest rate of 40,000,000 won borrowed and the agreed interest rate of 20% per annum for which the Plaintiff seeks from July 1, 2004 to the extent of the agreed interest rate.
2. Determination as to the claim against Defendant C
A. The plaintiff's assertion that he actively recommended Defendant C to lend KRW 40,000,00 to Defendant B, and even thereafter, Defendant C promised to pay and pay interest to the plaintiff. The defendant C, as the actual borrower of the above money, is obligated to pay KRW 40,000,000 to the plaintiff and its funds.
B. According to the evidence Nos. 2 and 3 of the judgment, Defendant B, through Defendant C on or around May 2003, by deceiving the Plaintiff, and received KRW 20,00,000 from the Plaintiff on July 2, 2003, and the Plaintiff transferred KRW 19,50,000 to Defendant C’s account on November 10, 2003, and paid KRW 500,000 in cash to Defendant C on the same day, although it is recognized that the Plaintiff paid KRW 40,00,000 in cash, it is insufficient to acknowledge the fact that the actual borrower of KRW 40,00,00 that the Plaintiff paid as above was Defendant C, even if all evidentiary materials submitted by the Plaintiff on the above recognition were presented by the Plaintiff, and there is no other evidence to prove otherwise.
The plaintiff's claim against the defendant C is without merit.
3. Thus, the plaintiff's claim against the defendant B is accepted on the ground of the reasons, and the claim against the defendant C is dismissed on the ground of the reason.