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1. Defendant C’s KRW 54,400,00 and its amount shall be 15% per annum from July 13, 2018 to May 31, 2019.
Reasons
1. The parties' assertion
A. The Plaintiff, the cause of the claim, as a business fund, lent the Defendants the amount of KRW 30,00,000,000 on November 11, 2013, without having agreed on the interest, to the Defendants on November 11, 2015. The Plaintiff, on November 28, 2013, lent the amount of KRW 10,000,000 on September 30, 2014, with interest rate of KRW 12% per annum; and on December 14, 2013, the Plaintiff loaned the amount of KRW 14,40,000 on September 30, 2014, with interest rate of KRW 12% per annum.
Thus, the defendants are jointly and severally liable to pay to the plaintiff 54,400,000 won and damages for delay as the repayment of each of the above loans.
B. Around November 2013, Defendant B’s husband and Defendant C established D as a partnership business, and Defendant C assumed office as the representative director of the said company. Defendant C merely provided the bank account by borrowing the investment funds it bears from the Plaintiff and borrowed money from the Plaintiff.
2. Determination
A. (1) In full view of the overall purport of the pleadings as to the claim against Defendant B, the fact that each remitted amount of KRW 14,400,000,00 is recognized from the account under the Plaintiff’s name to the account under the name of Defendant B from November 1, 2013, KRW 30,000,000 on November 28, 2013, and KRW 10,000 on November 28, 2013, and KRW 14,40,000 on December 14, 203 is recognized.
(2) Next, as to the authenticity of Gap evidence No. 2 (hereinafter “the instant letter of loan”), written as to KRW 30,000,000 on November 11, 2013, out of the above borrowed money, is examined as follows.
The loan letter of this case contains the following descriptions: (a) “H wholesale and retail business (collection and sale in scrap metal)” and the seal “B” is affixed to the rubber name plate: (b) the name and signature of “B” are affixed at the bottom; (c) the name and signature of “B” are affixed to the name of “B” at the end of the loan letter.
[Rubber Name Card] Defendant B acknowledged that the above rubber name plate was a rubber name plate used by himself. Defendant B recognized that the above rubber name plate was a rubber name plate.
However, Section B. 18.