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1. The Defendants are jointly and severally liable to Plaintiff B for KRW 118,629,00 and the period from July 8, 2017 to June 13, 2019.
Reasons
1. Basic facts
A. Plaintiffs A, B, and C are siblings, and Defendant D is the husband of Defendant C.
B. On September 21, 2015, Plaintiff B lent KRW 200 million to the Defendants without setting the due date.
C. From September 22, 2015 to December 29, 2017, Plaintiff B received a total of KRW 63,308,000 on 17 occasions from the Defendants, and received KRW 18 million on six occasions from January 31, 2018 to June 22, 2018.
[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. On July 2012, Plaintiff A sold real estate (hereinafter “instant real estate”) as indicated in the attached list donated to the Defendants by friendly E (hereinafter “the instant real estate”) and leased KRW 1 billion out of the sales price without setting the interest rate per month and due date.
Therefore, the defendants are jointly and severally liable to pay the above loans of one billion won and damages for delay to the above plaintiff.
B. On September 21, 2015, Plaintiff B lent 200 million won interest rate of 12% per annum to the Defendants, and the interest rate from January 1, 2017 was set at 18% per annum.
Since the amount repaid by the Defendants is fully appropriated for interest, the Defendants are jointly and severally liable for payment of KRW 200 million and interest or delay damages from January 1, 2018 to Plaintiff B.
C. Defendants 1 did not have borrowed KRW 1 billion from Plaintiff A. (2) The Defendants did not have agreed on interest on the money borrowed from Plaintiff B, and repaid KRW 81,308,00 in total from September 22, 2015 to June 22, 2018, and thus, the aforementioned repayment amount is KRW 118,629,000.
3. Determination
A. The Plaintiff A’s claim against the Defendants is merely a statement on the Plaintiff’s assertion that Plaintiff A lent KRW 1 billion to the Defendants. The Plaintiff’s assertion that Plaintiff A lent KRW 1 billion to the Defendants is merely a statement on the Plaintiff’s assertion.