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1. The Plaintiff:
A. Defendant B’s KRW 21,420,00 and interest rate of KRW 15% per annum from September 8, 2017 to the date of complete payment.
Reasons
1. The Defendants asserted that the Plaintiff’s claim was filed by the Plaintiff’s wife from around 2011 to Nonparty D, who was the Plaintiff’s wife, requested the Plaintiff to lend money.
Accordingly, the Plaintiff received a loan under the name of the Plaintiff and lent money to the Defendants several times.
From 2011 to the present, the sum of the amounts loaned to Defendant B is KRW 50,700,000, and the sum of the amounts loaned to Defendant C is KRW 68,614,11. The Defendants paid the sum of KRW 12,018,118 to the Plaintiff. Thus, the Defendants are obliged to pay each Plaintiff the amount stated in the claims and the damages for delay.
2. The Plaintiff asserted that, from January 15, 201 to December 2, 2016, the Plaintiff loaned KRW 68,614,111 in total to Defendant C; and that, from February 7, 2012 to December 29, 2016, the Plaintiff loaned KRW 50,700,000 in total to Defendant B, respectively, did not conflict between the parties; or the Defendant’s side was supported by the Plaintiff’s wife and the Defendants’ South Korea through the preparatory document as of January 5, 2018; however, it was not directly borrowed from the Plaintiff, and that the Plaintiff’s subsidization was not a loan and that part of the bank transaction details submitted by the Plaintiff cannot be known as interest.
Accordingly, the Plaintiff arranged the details of the loan and repayment to the Defendants through a preparatory document dated May 8, 2018 and an application for modification of the purport and cause of the claim on the same date, and the Defendant requested the continuation of the examination of the documents submitted by the Plaintiff on May 10, 2018 at the third date of pleading opened on May 10, 2018.
However, even before the fourth day of pleading opened on June 21, 2018, the Defendant failed to submit all the preparatory documents containing specific rebuttals on the Plaintiff’s assertion or evidence thereof, and even after the conclusion of the pleadings, the Defendants also did so.