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1. Defendant B shall pay to the Plaintiff KRW 33,519,00 and the interest rate of KRW 24% per annum from January 27, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On March 14, 2016, the Plaintiff transferred KRW 39,200,000 to Defendant B’s bank account.
B. Defendant B paid KRW 4 million to Defendant C on March 17, 2016, out of the remitted money, and paid KRW 35 million to D.
C. Meanwhile, Defendant B remitted each of the Plaintiff’s bank accounts KRW 2.4 million on July 7, 2016, KRW 1.6 million on September 30, 2016, KRW 9 million on January 25, 2017, and KRW 700,000 on January 26, 2017, and paid each of the Plaintiff KRW 300,000 in cash to the Plaintiff on January 26, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2 through 5, the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff: The Plaintiff and the Defendants came to know at the meeting of the Buddhist Korea. Around February 2016, Defendant C provided to the Plaintiff that “I would be able to make a payment within one month, with a loan from Defendant B to the Plaintiff. I would be able to do so.” The Plaintiff trusted this, and lent the maturity of KRW 40 million to Defendant B, and agreed on April 14, 2016, which was one month after the borrowing date, to KRW 2% per month, and paid the interest at KRW 80,000,000 (= KRW 40,000 x 2%) on March 14, 2016 to Defendant B.
Therefore, Defendant B is the primary debtor, and Defendant C is jointly and severally liable to pay to the Plaintiff the balance of the loan, KRW 33,519,000, and delay damages.
B. Defendant B: Upon receiving a request from the Plaintiff to punish money by making investments, Defendant B introduced D, which is implementing real estate sales business, to the Plaintiff.
D requested that the Plaintiff lend KRW 40 million to the Plaintiff, and in response, the Plaintiff lent KRW 40 million to D as interest on the second part of each month.
However, while the Plaintiff changed the transaction with Defendant B in the middle of management, he remitted the amount of KRW 39.2 million to Defendant B’s account with limited interest, and Defendant B only delivered this to D.
In addition, loans amounting to KRW 35 million among the loans amounting to KRW 40 million between the Plaintiff, D, and Defendant C.