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1. The Plaintiff:
A. As to Defendant B and C’s jointly and severally KRW 28,421,430, and KRW 4,000,000 among them, Defendant B and C shall be from January 1, 2015.
Reasons
1. Facts of recognition;
A. From August 1, 2014 to December 31, 2014, the Plaintiff: (a) bears the amount of KRW 16,717,530 used for a new card and KRW 1,262,500 used for a Samsung Card, instead of the amount of KRW 3,344,650 used for the Plaintiff’s card; and (b) delivers KRW 3,100,000 in cash to Defendant C; and (c) lends KRW 24,424,680 in total to Defendant B and C, who participated in the operation of the Plaintiff Company E.
B. In addition, on September 27, 2014 and October 13, 2014, the Plaintiff deposited KRW 4,000,000 in the Defendant D’s account that served as the inside director of the Co., Ltd., Ltd., and lent the said money to the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, Defendant B and C jointly and severally filed a claim with the Plaintiff out of KRW 28,424,680 (= KRW 24,424,680, KRW 4,000), which the Plaintiff seeks, and the above-mentioned KRW 1-B.
With respect to KRW 4,00,00 borrowed from January 1, 2015 to June 24, 2015, the delivery date of a copy of a complaint against the said Defendants, 5% per annum as stipulated by the Civil Act, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, and 24,421,430 won per annum as to the remaining 24,430 won from January 1, 2015 to February 12, 2016, and 5% per annum as stipulated by the Civil Act from the following day to the date of full payment, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day to the date of full payment.
B. In addition, Defendant D is jointly and severally with Defendant B and C to the Plaintiff.
Of the money stated in paragraph (1), 4,000,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from October 14, 2014 to June 24, 2015, which is the service date of a copy of the complaint against the above defendant from the following day of the borrowing date, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
3. Thus, the plaintiff's claim against the defendant B and C is justified within the above scope of recognition.