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1. The Defendants are jointly and severally liable to the Plaintiff for 440,000,000 won and 5% per annum from October 21, 2015 to April 6, 2016.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff leased the Defendants totaling KRW 450 million from March 13, 2014 to April 24, 2014 as the due date set on April 30, 2015. As such, the Defendants are obliged to pay to the Plaintiff KRW 450 million and delay damages therefrom.
B. Although the Defendants alleged by the Defendants received total of KRW 440 million from March 2014 to April 2014 from the Plaintiff, the said amount was donated to the Defendants for use as their children’s school expenses and living expenses.
2. Determination
A. In light of the following circumstances acknowledged by the respective descriptions and the entire purport of the evidence Nos. 1 through 7 (including each number), the Plaintiff loaned to the Defendants the interest amount of KRW 440 million from March 2014 to April 2014, without setting the due date (the Plaintiff asserted that the due date was set on April 30, 2015; however, the Plaintiff’s statement of evidence No. 3 alone is insufficient to acknowledge the due date, and there is no other evidence to acknowledge it).
① Defendant B was the Plaintiff’s son, and Defendant C was the wife of Defendant B and the Plaintiff, and there is no dispute between the parties as to the fact that the Plaintiff paid money from March 2014 to April 2014 to the Defendants, who were married couple, for children’s education and living expenses.
② The Defendants are those who received KRW 40 million from the Plaintiff.
In addition, each of the above evidence alone is insufficient to recognize that the Plaintiff paid the above KRW 10 million to the Defendants in addition to the above KRW 40 million, and there is no other evidence to acknowledge it.
③ The Plaintiff paid to the Defendants a sum of KRW 440 million for a short term of two months, and out of which KRW 150 million was paid with the loan. However, even when the Plaintiff received the loan, it is deemed that there was a circumstance to donate the Defendants with a high amount of money free of charge.