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1. Defendant B’s 33,580,000 won and the interest rate of 15% per annum from September 28, 2016 to the date of full payment.
Reasons
1. As to the Plaintiff’s claim against the Defendant B, Defendant B borrowed a total of KRW 33,580,000 from October 201, 2013 to November 2015, it can be acknowledged in accordance with the purport of the Plaintiff’s statement and pleading No. 1.
Therefore, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 33,580,000 and damages for delay at the rate of 15% per annum from September 28, 2016 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.
2. Determination as to the Plaintiff’s claim against Defendant C
A. The Plaintiff’s assertion is a couple in a de facto marital relationship with Defendant B, and operates a building business as a partnership. As Defendant B borrowed a total of KRW 33,580,000 from the Plaintiff from October 2013 to November 2015, Defendant C is jointly and severally liable with Defendant B to pay the said amount to the Plaintiff.
B. According to the purport of the Plaintiff’s evidence No. 2 and the entire pleadings, the fact of transfer from the Daegu Bank account in the name of the Plaintiff to Defendant C from August 25, 2013 to August 25, 2013, and KRW 650,000 on August 28, 2013 can be acknowledged.
However, solely based on the above facts of recognition, Defendant C had marital relations with Defendant B.
It is difficult to recognize that Defendant C engaged in a building business or a partnership business, and there is no other evidence to prove that Defendant C is jointly and severally liable for the debt of the loan to the Plaintiff.
Therefore, the plaintiff's claim against the defendant C is without merit.
3. If so, the plaintiff's claim against the defendant B is accepted, and the plaintiff's claim against the defendant C is dismissed. It is so decided as per Disposition.