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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Determination on the cause of the claim
A. The plaintiff asserted 1) The plaintiff lent 140,000,000 won to the defendants, and among which 63,000,000 won was paid, the defendants jointly and severally held that they are liable to pay to the plaintiff the balance of the loan amount of KRW 77,00,000,00 and delay damages therefor. 2) The defendants asserted that D, the plaintiff's child, would lend money to E, which is the bond company, the plaintiff's child, and they merely mediated it, and that the defendants did not borrow money from the plaintiff.
B. Facts 1) The Plaintiff and D, their children, transferred a total of KRW 140,00,000 to the Defendant C’s account six times from August 25, 2010 to August 18, 2011. (2) Defendant C, the husband of Defendant C, paid most of the money transferred from the Plaintiff and D to E as above, and received money equivalent to 5% per month as interest from E under the pretext of interest. For the same period, the Plaintiff or D paid 3% of the above remittance amount to the Plaintiff or D as interest.
3) On October 25, 2010, Defendant B: (a) the Plaintiff at its face value of KRW 30,000,000 for the payee (this is the same as the money transferred from the Plaintiff and D until that time).
(1) On August 26, 201, a promissory note (Evidence A 2) issued and delivered to the Plaintiff. On September 26, 2011, the Defendants issued a loan certificate (Evidence A 1) stating that “The amount of KRW 20,000,000 among them shall be repaid until September 30, 201, and the remaining amount shall be divided into KRW 3,000,000 or KRW 5,000 on the last day of each month, and the amount shall be repaid in installments to the Plaintiff.” Defendant C issued the above loan certificate with the phrase “15,00,000,000 won shall be paid in preference to the Plaintiff on October 15, 201, and the sum of KRW 15,000,000 shall be repaid to the Plaintiff on September 30, 201, and the remainder shall be repaid to the Plaintiff on October 30, 2010.”
5. The plaintiff.