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1. As to the Plaintiff (Counterclaim Defendant), the Defendant’s KRW 17,00,000, and the Defendant (Counterclaim Plaintiff)’s KRW 1,000,000 and each of the above amounts.
Reasons
1. Judgment on the main lawsuit
A. The Plaintiff’s assertion is the business fund of Defendant B, and the Plaintiff, as the wife of Defendant B, remitted the amount of KRW 5 million on June 28, 2007 to Defendant C on behalf of the Plaintiff as the wife of Defendant B, and delivered a check of KRW 18 million on September 12, 2007, and directly transferred the amount of KRW 40 million on December 31, 2007 to Defendant B by transferring the amount of KRW 17 million on December 31, 2007 to Defendant B without the due date set as interest rate of KRW 24 million, and thus, the Defendants jointly and severally liable to pay the remainder of KRW 36 million and delay damages.
B. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, the plaintiff transferred KRW 4 million from defendant C on June 28, 2007 to defendant C on September 17, 2007, after which the plaintiff transferred KRW 5 million on June 28, 2007, and the plaintiff transferred KRW 17 million to defendant B on December 31, 2007.
According to the above facts, the plaintiff lent 5 million won to the defendant C on June 28, 2007, and 17 million won to the defendant B on December 31, 2007 without fixing interest and due date. Thus, the plaintiff is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day of the delivery of the copy of the complaint of this case to June 25, 2015, which is the day after the delivery of the copy of the complaint of this case, to April 21, 2016, and from the next day to the day of complete payment to the day of complete payment pursuant to the same rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
The Plaintiff issued the Defendant C a check of KRW 18 million per face value only on the basis of the entries of the evidence Nos. 1 through 3 and the fact-finding results on the Korean Gyeyang Livestock Industry Cooperatives.
or 24% per annum between the Plaintiff and the Defendants.
It is insufficient to recognize that the defendant C was acting on behalf of the defendant.