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1. The Defendants: KRW 40,000,000 for each Plaintiff and KRW 260,000 per month from February 8, 2016 to March 16, 2017.
Reasons
1. Basic facts
A. On June 7, 2010, the Plaintiff obtained a loan of KRW 40,000,000 from Nonparty D Co., Ltd. and paid the said money as a check on the same day.
B. On November 2, 2006, Defendant C received the provisional registration of each ownership transfer right claim against the 48.84 square meters of single-story house of 2nd floor, 2nd floor, 48.84 square meters of 2nd floor, 48.84 square meters of 48.84 square meters of 2nd floor, and 48.84 square meters of 48.84 square meters of 2006 (hereinafter “each real estate of this case”), and received each registration of ownership transfer on June 29, 2010.
( trade as of May 22, 2010). [Grounds for Recognition] does not dispute, entry in Gap evidence 1 through 3 (including each number), the purport of the whole pleadings.
2. Determination on the cause of the claim
A. (1) The summary of the cause of the claim (1) on June 7, 2010, the Plaintiff lent KRW 40,000,000 to Defendant B, through Nonparty F, as soon as possible, to the maximum extent possible, and the interest amount, KRW 2.60,00,00 per month. However, Defendant B continued to pay the principal and interest payment from February 2016.
(2) Defendant B is currently insolvent as a title truster of each of the instant real estate, and Defendant C is the title trustee. The Plaintiff shall exercise the obligee’s right to subrogation on the corresponding portion of the claim for return of unjust enrichment equivalent to each of the instant real estate sales funds against Defendant B.
B. Comprehensively taking account of the evidence revealed prior to the determination of the claim against Defendant B and the following facts and all the circumstances revealed in the argument of this case, the Plaintiff loaned KRW 40,000,000 to Defendant B through F on June 7, 2010 on the condition that the payment period would be as soon as possible, and the interest amount would be KRW 2,60,000 on the condition that it would be KRW 2.60,000 per month. However, even if Defendant B did not pay interest from February 2016, and the Plaintiff’s claim for the payment of the principal and interest on the loan was due and the due period arrived after the Plaintiff’s claim for the payment of the principal and interest on the loan.