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1. Defendant C: 29,500,000 won to Plaintiff A and 15% per annum from December 27, 2017 to May 31, 2019; and
Reasons
1. The Plaintiffs are the legal couple who reported the marriage, and the Defendants are also the legal couple who reported the marriage.
(C) No dispute exists. 2. Plaintiff A’s claim for loans against the Defendants
A. Plaintiff A’s assertion that Plaintiff A lent the sum of KRW 29,500,000 to Defendant C from March 2014 to May 2014. As such, Defendant C is obligated to repay the said loan to Plaintiff A.
On the other hand, since Defendant C used the above borrowed money mainly as the living expenses of the Defendants’ husband and wife, Defendant C, the spouse of Defendant C, is obligated to pay the above borrowed money jointly with Defendant C in accordance with the legal principles of Article 832 of the Civil Act concerning the joint and several liability for the debt due to family death.
B. 1) Plaintiff A’s claim against Defendant C (A) has leased to Defendant C a total of KRW 29,500,000 from March 2014 to May 2014 (no dispute exists). Defendant C has the obligation to repay the said borrowed amount of KRW 29,50,000 to the Plaintiff.
B. Defendant C raises a defense that he/she paid KRW 19,500,000 out of the above borrowed amount as follows.
In other words, Defendant C paid the Plaintiff KRW 9,50,000 in cash, including KRW 2,00,000, KRW 1,500,000 on April 19, 2014; KRW 1,50,000 on May 1 of the same year; KRW 1,50,000 on July 6 of the same year; KRW 1,50,000 on August 8 of the same year; and KRW 1,50,000 on September 19 of the same year; and transferred KRW 1,50,000 on January 19, 205, from the deposit account in the name of Defendant D, the spouse of the Plaintiff’s spouse, to the deposit account in the name of the Plaintiff B.
First of all, there is no evidence to prove that Defendant C paid KRW 9,500,000 in cash to Plaintiff A as the repayment of the above loan.
Then, examining the claim for reimbursement by account transfer, the fact that Defendant C remitted the total of KRW 10,000,000 to the deposit account in the name of Plaintiff B on January 19, 2015 using the deposit account in the name of Defendant D on January 19, 2015 is not a dispute between the parties, but the above KRW 10,000,000 is the Defendant.