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1. Defendant B shall pay to the Plaintiff KRW 11,00,000 and the interest rate of KRW 15% per annum from April 19, 2016 to the date of full payment.
Reasons
1. The Plaintiff asserted that, as of April 8, 2013 and July 10, 2013, the Plaintiff loaned KRW 5,000,000 to Defendant B on April 8, 2013, and KRW 6,000,00 on May 9, 2013, Defendant C was entitled to use his/her financial account for Defendant C’s use, thereby transferring the said loan to Defendant C’s financial account, and thus Defendant C also is liable for the repayment of the said loan to the Plaintiff as the obligor or guarantor.
According to the purport of each of subparagraphs 2-1 and 2-1, and all of the pleadings, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 19, 2016 to the date of full payment, as claimed by the Plaintiff, as the Plaintiff, as the Plaintiff seeks.
However, the mere fact that Defendant C had Defendant C use his financial account cannot be deemed to bear any responsibility for the above loan obligation against the Plaintiff, and there is no evidence to prove otherwise that Defendant C expressed his intent to accept or guarantee the above obligation against the Plaintiff. Therefore, this part of the claim against Defendant C is without merit.
2. On September 17, 2013, the Plaintiff asserted that, on September 17, 2013, the Plaintiff requested the Defendant B to lend additional money by demanding that the Plaintiff acquire D which had continued a dispute over the issue of the right of passage over surrounding land at the time of Defendant B, and that the Defendants provided a loan of KRW 10,00,00 to the Defendants by setting the due date until the end of December 2013. However, it is insufficient to recognize the Plaintiff’s assertion only by the evidence No. 1-2, and there is no other evidence to acknowledge it, and thus, the Plaintiff’s claim against the Defendants cannot be accepted.
3. Thus, the plaintiff's claim against the defendant B is above.