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1. Defendant B shall pay to the Plaintiff KRW 74,00,000 and the interest rate of KRW 12% per annum from May 3, 2019 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1, the Plaintiff is recognized as leasing KRW 74 million in total by depositing money into the account in the name of Defendant B, Defendant C, and E, etc. from March 2015 to May 2017.
B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from May 3, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment.
2. Determination as to the claim against Defendant C
A. The Plaintiff asserts that the sum of KRW 24,130,00 among the above loans was deposited into the Defendant C’s account in the name of the Plaintiff’s Plaintiff’s account under the name of the Plaintiff. Defendant B borrowed the above money to use in the daily home life. Defendant C, who was in a de facto marital relationship with Defendant B, received the above money and used it as a card payment, education expenses for children, public charges, etc., and jointly and severally with Defendant C, sought payment of KRW 24,130,000 among the above loans and delayed payment thereof.
B. In light of the above, it is reasonable to view that the married couple’s right to live on a family basis and the right to live on a family as a community was committed by the married couple, and Defendant B borrowed the above money from the Plaintiff for the purpose of using in a daily home life.
The plaintiff's claim against the defendant C is without merit, since there is no evidence to acknowledge that the defendant C borrowed the above money on behalf of the defendant C with the de facto marital husband.
3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.