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1.The judgment of the first instance shall be modified as follows:
Defendant B’s KRW 41,255,000 and KRW 41,200,00 among the Plaintiff.
Reasons
1. In the main point of the cause of the claim, the Plaintiff loaned the Defendants a total of KRW 41.2 million on 11 occasions on the date indicated below each of the following “the start” list under the name of Defendant C’s enrollment fees, etc., and the Defendants are jointly and severally liable to pay the Plaintiff the loans, interest, etc.
Preliminaryly, the Defendants, even though they did not have the intent or ability to repay, deceiving the Plaintiff and defrauding the Plaintiff KRW 41,200,00,00,000. Therefore, the Defendants are obligated to compensate for the damages equivalent to all the costs, such as the above deceptive money and the fees and interest incurred by the Plaintiff while lending the money to the Defendants, as joint
【Statement of Loans】
2. Determination as to the claim against the defendant B
A. (1) Determination as to the primary claim 1) The fact that the Plaintiff loaned the principal amount of KRW 41.2 million to Defendant B once from November 7, 2010 to July 12, 2013 without separately stipulating the due date for repayment (hereinafter “each of the instant loans”).
A) There is no dispute between the parties, and according to Gap evidence Nos. 3 through 12, the plaintiff's text message containing the purport of demanding the repayment of the debt may be recognized as having reached several times before November 25, 2014. As such, defendant B is obligated to pay the plaintiff the above loan 41.2 million won and damages for delay. (2) The plaintiff agreed interest at 25.9% per annum for each of the loans of this case, but sought 2.5% per annum for the convenience of calculation. Thus, the defendant B is obligated to pay the plaintiff KRW 34,619,589, total amount of interest accrued from each of the loans from November 25, 2014 to November 25, 2014, according to Gap evidence Nos. 4,619,589 (including each of the numbers, each of them is included). The defendant B is obligated to pay the loan interest rate of 4,619,589 won per annum No. 500, Dec. 130, 4010.