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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 85,849,349 and KRW 70,000 among them, from October 6, 2015 to August 2017.
Reasons
1. The following facts can be acknowledged in full view of Gap evidence Nos. 5 and 6 evidence and witness D's testimony.
The Defendants are parents of E as married couple, and the Plaintiff is the child of E as the child of Defendant C.
B. However, the Defendants agreed to pay the Plaintiff KRW 70 million as compensation for redevelopment of real estate owned by the Defendants at around February 2015, when the Plaintiff paid KRW 70 million between the Plaintiff and the Defendants, as the purchase fund of KRW 70 million was insufficient in the course of purchasing housing for marriage around February 2010.
C. On February 26, 2010, the Plaintiff borrowed KRW 70 million from the K non-life insurance Co., Ltd., and paid a total of KRW 15,849,349 (the initial date of the calculation is February 26, 2010) from April 5, 2010 to October 5, 2015 as follows.
The repayment date (won) 1 from April 5, 201 to December 5, 2010 to December 5, 2011; 2,737,005 to December 5, 2011 to December 5, 2011; 3,817,3963 to January 5, 2012 to September 14, 2012; 2,903, 299 to October 5, 2012 to October 5, 2012; 739, 8615 to December 5, 2013, 2013 to December 5, 2013; 13,50 to December 5, 2013; 13,50 to December 5, 2013, 2015;
2. According to the facts of the above recognition, the defendants are jointly and severally liable to pay to the plaintiff 85,849,349 won under the above repayment agreement (i.e., interest 15,849,349 won paid to the plaintiff 70,000 won) and 70,000 won out of the above amount, 5% per annum under the Civil Act from October 6, 2015 to August 31, 2017, which is the date of this sentencing, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim is justified within the above scope of recognition.
The Plaintiff sought interest at a rate of 5% per annum from February 26, 2010 to October 5, 2015, but the Plaintiff paid 5% interest per annum.
There is no evidence to prove that the Defendants agreed to pay interest at 5% per annum, and the above.