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1. Defendant B shall pay 48,750,000 won to the Plaintiff and 15% per annum from January 31, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff deposited KRW 10 million in the bank account under Defendant C’s name on February 1, 2017, KRW 5 million on March 27, 2017, KRW 5 million on August 13, 2017, KRW 20 million on January 18, 2018, and KRW 10 million on January 21, 2018.
B. Defendant B had been managed by paying part of the dividends to the Plaintiff while making equity investment with the money transferred from the Plaintiff via the bank account in Defendant C’s name. However, Defendant B suffered losses.
C. On April 10, 2018, Defendant B issued to the Plaintiff a certificate of borrowing KRW 50 million (hereinafter “instant loan certificate”). D.
The Plaintiff received KRW 1,250,000 from Defendant B after preparing the instant loan certificate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum pursuant to the provision on statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from January 31, 2019 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case.
In light of the fact that Defendant B paid dividends exceeding the interest limit rate under the Interest Limitation Act to the Plaintiff, Defendant B asserted that the amount deposited by the Plaintiff is a stock investment and not a loan. However, even if so, Defendant B expressed his intent to bear the liability for repayment with the total amount of the above KRW 50 million deposited by the Plaintiff by preparing the instant loan certificate. Thus, Defendant B’s above assertion is without merit.
B. The plaintiff to determine the claim against the defendant C is in a marital relationship with the defendant C.