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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 50 million and 20% per annum from December 11, 2014 to September 30, 2015.
Reasons
1. The Plaintiff became aware of the Defendant C through Nice D, and on February 3, 2010, KRW 20 million, and the same month.
9. The money of KRW 30 million was remitted to Defendant B, the husband of Defendant C, respectively. On February 3, 2010, Defendant B concluded a lease agreement with the E on a deposit deposit of KRW 30 million, monthly rent of KRW 1300,000,000 for the first floor of the F-based building in Busan Dong-gu, Busan (hereinafter “instant building”). On February 4, 2010, Defendant C operated a restaurant after obtaining registration of business under the name of Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff asserts that the defendants, which he became aware of through D, demand the defendants to lend money to operate a restaurant and that they lend 50 million won to the defendants as above. The defendants asserted that the defendants actually operated the above restaurant and borrowed money from the plaintiff is D, while they employ the defendants who are the defendants who are the spouses of the Dari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-party's name.
3. In light of the following circumstances acknowledged as a whole by comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1, 2, 4, 5, and Eul evidence Nos. 2, the person who borrowed the above KRW 50 million from the plaintiff is not defendant D but the defendants. The evidence submitted by the defendants alone does not interfere with the above recognition.
① There is no dispute between the parties regarding the fact that the remittance of KRW 50 million from the Plaintiff is intended to open a restaurant. A person who concludes a lease agreement on the instant building with E and purchased the office, etc. necessary for the operation of the restaurant is Defendant B, and his/her business registration is also made in the name of Defendant C.