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1. The Defendants shall jointly and severally serve as KRW 153,300,000 on the Plaintiff and as a result, from March 30, 2016 to December 21, 2016.
Reasons
1. Basic facts
A. Defendant B is the Plaintiff’s female life, and Defendant C is the husband of Defendant B.
B. From August 8, 1997 to August 30, 201, the sum of KRW 383,300,000 was transferred from the Plaintiff’s account to the Defendant B, etc.’s account as shown in attached Table 1.
C. After October 14, 201, Defendant C received payment of KRW 300 million to the Plaintiff by the end of February 2012. Upon completion of the payment, Defendant C dealt with the said amount in the mind of the defaulted taxpayer. The document stating “Defendant C, the borrower,” (Evidence A No. 4) was written and sent to the Plaintiff on October 14, 201.
The Defendants, on February 7, 2012, accept again to the Plaintiff the loan of KRW 280,000,000,000 to the Plaintiff. The loan certificate No. 5 stated as “Defendant B and C, the borrower,” hereinafter referred to as “the loan certificate of this case”).
【Preparations and orders. 【Facts without dispute over the grounds for recognition, entrys in Gap evidence 1 to 5, and 10, the purport of the whole pleadings.】
2. The gist of the Plaintiff’s assertion was that the Plaintiff lent money to the Defendants’ husband and wife operating the gymnasium for several years. On February 7, 2012, the Plaintiff settled that the Plaintiff would receive the principal of KRW 280 million and the monthly interest of KRW 1.2 million (5% on the 25th day of each month, the annual interest rate of KRW 5%).
Since then, the Defendants paid a total of KRW 126.7 million ( = KRW 85.3 million by account transfer), and KRW 60 million from February 25, 2012 to March 24, 2016, which is the filing date of the instant lawsuit, shall be appropriated for the repayment of interest accrued from February 25, 2012, and the remainder of KRW 6.7 million shall be appropriated for the repayment of principal. Thus, the Defendants shall jointly and severally pay to the Plaintiff the remainder of the leased principal amount of KRW 213.3 million (= KRW 280 million – KRW 6.7 million) and damages incurred therefrom.
3. Determination
A. Inasmuch as the authenticity of a disposal document is recognized, the court should recognize the existence and content of the declaration of intent in accordance with the content of the document (see, e.g., Supreme Court Decision 2010Da56616, Nov. 11, 2010).