beta
Text
1. Defendant B’s KRW 57,00,000 and the Plaintiff’s annual rate of KRW 5% from September 28, 2017 to March 16, 2018.
Reasons
Plaintiff
Defendant B borrowed KRW 57,00,000 from the Plaintiff, and Defendant C as the spouse of Defendant B, jointly and severally guaranteed the Defendant B’s debt.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 57,00,000, and damages for delay.
According to the evidence No. 1-1 and No. 3-1 of the plaintiff's claim against the defendant Eul, the defendant Eul prepared a loan certificate to the plaintiff on December 31, 2012 that the plaintiff borrowed KRW 7,000,000 on January 27, 2013. The defendant Eul issued a loan certificate to the plaintiff on February 19, 2013 that the plaintiff borrowed KRW 50,000,000 to the plaintiff on February 19, 2013. The defendant Eul had an obligation to pay damages for delay calculated on September 28, 2017 through September 16, 2018, which is clear that the copy of the complaint in this case was delivered to the defendant Eul. The defendant Eul had an obligation to pay damages for delay to the plaintiff at the rate of 15% per annum from the next day of this judgment until March 16, 2018.
The Plaintiff sought interest from February 20, 2013, which is the day following the last borrowing date. However, there is no evidence to prove that there was an agreement to pay interest for KRW 57,00,000, the Plaintiff’s interest claim is without merit, and only the Plaintiff is liable for delay from the day following the delivery of a copy of the complaint.
The facts that Defendant C’s claim against Defendant C is the spouse of Defendant C do not dispute between the parties. According to the evidence Nos. 2, 3-2, 3, and 7 of the evidence Nos. 2, 3-3, and 7, the Plaintiff transferred only KRW 10,000 out of KRW 50,000 on February 19, 2013 at the request of Defendant B to Defendant B’s account. The Plaintiff transferred the remainder KRW 40,00,000 to Defendant C’s account, and the Plaintiff transferred the remainder KRW 50,00,000 to Defendant C’s account even on December 14, 2012.