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1. Defendant B shall pay 22 million won to the Plaintiff the annual rate of 30% from December 16, 2009 to the day of full payment.
Reasons
1. The plaintiff's assertion
A. The Defendants are de facto marital relations.
B. On September 4, 2009, the Defendants borrowed KRW 5 million from the Plaintiff without setting the interest and the due date.
C. From September 24, 2009 to December 16, 2009, the Defendants borrowed a total of KRW 22 million from the Plaintiff (in the way of receiving KRW 15 million from the Plaintiff, the amount of KRW 7 million was paid in cash), and then drawn up a loan certificate with KRW 22 million as of December 16, 2009, and ordered the Plaintiff.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 27 million ( KRW 5 million) and interest or delay damages for KRW 22 million among them.
2. Claim against the defendant B
A. 1) On September 4, 2009, the Plaintiff remitted KRW 5 million to Defendant B’s A’s account under the name of Defendant B. On September 24, 2009, the Plaintiff sent KRW 20 million to the Plaintiff on September 24, 2009, KRW 10 million on September 30, 2009, KRW 15 million on December 16, 2009, and KRW 20 million on December 16, 2009.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence No. 2 (Defendant B's assertion that the plaintiff was forged, but the authenticity is recognized according to the results of written appraisal), Gap evidence No. 4, and the purport of the whole pleadings
B. Determination 1) The Plaintiff’s decision on the loan loan worth KRW 5 million is recognized to have remitted KRW 5 million to the Plaintiff’s account in the name of Defendant B on September 4, 2009. However, there is no separate loan certificate for this, and there is no difference between the loan amount of KRW 22 million and the due date for payment. In light of the fact that there is a possibility that the loan certificate was prepared on December 16, 2009, including this part, the above remittance alone is insufficient to recognize that Defendant B borrowed KRW 5 million from the Plaintiff on September 4, 2009.