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1. Defendant B’s KRW 95,074,380 for the Plaintiff and KRW 5% per annum from January 9, 2018 to August 29, 2018.
Reasons
The Plaintiff and Defendant B got married on December 28, 2015, but left away from September 29, 2017. On November 13, 2017, the Plaintiff filed a divorce and a claim for consolation money against Defendant B, and the conciliation was concluded on April 18, 2018 that “the Plaintiff and Defendant B are divorced.”
Seoul Family Court (Seoul Family Court 2017ddan339634). Defendant C is the mother of Defendant B.
On May 11, 2012, the Plaintiff lent KRW 70 million to Defendant B (hereinafter “instant loan”). Of them, KRW 50 million was granted a loan from D Bank and paid to Defendant B. Defendant B agreed to repay the loan interest accrued for the principal amounting to KRW 70 million and KRW 50 million to the Plaintiff.
On June 8, 2012, the Plaintiff received a loan from the D Bank and lent KRW 20 million to Defendant B (hereinafter “instant loan”). Defendant B concluded to repay the interest on KRW 22 million to the Plaintiff on June 8, 2012, the Plaintiff obtained a loan from D Bank and paid KRW 22 million out of the loan to the Plaintiff. The Plaintiff claimed interest on KRW 22 million, and Defendant B did not dispute the amount of interest on the loan. Thus, it is deemed that the Plaintiff agreed to pay the interest on KRW 22 million to the Plaintiff.
B agreed to repay to the Plaintiff.
From February 2013 to January 29, 2014, the Plaintiff repaid all of the loans received from the D Bank over three times as above. The interest rate accrued until repayment was made is KRW 3,720,780 in the case of the first loan, and KRW 4,44,080 in the case of the second loan of this case, KRW 723,30 in the case of the second loan of this case.
Defendant B paid to the Plaintiff a total of KRW 25,369,700 on six occasions from July 2, 2012 to May 7, 2014, in order to repay part of the instant loans as indicated below.
[Attachment] The Plaintiff, July 2, 2012, 469,700, on the date and time of the [Attachment] 1, 2012, shall be the Plaintiff on July 2, 2012.