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1. Defendant D’s KRW 100,000,000 and interest rate of KRW 24% per annum from February 9, 2013 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiffs deposited money into the bank account of the Defendants, E, E, and the Plaintiff deposited KRW 36.3 million in total with Defendant D’s bank account, KRW 94 million on March 9, 2012, KRW 10 million on November 5, 2014, Plaintiff B, with Defendant C’s bank account from January 27, 2012 to May 12, 2014, and KRW 24.8 million on November 14, 2013.
B. As above, with respect to KRW 94 million deposited into Defendant D’s bank account on March 9, 2012, Plaintiff A concluded a monetary loan agreement with Defendant D with the purport that: (a) the interest rate of KRW 100 million shall be 2% per month; (b) the payment of interest shall be delayed on at least two occasions; and (c) the payment of interest shall be delayed; and (d) the payment of interest shall be made immediately after the due date; and (e) the payment of remaining obligations shall be made in full without the peremptory notice; and (e) the payment of KRW 94 million shall be made in the bank account in Defendant D’s name.
[Ground of recognition] Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of the Plaintiff’s claim against Defendant A
A. According to the facts of the foregoing recognition of loans made on March 9, 2012, Defendant D is obligated to pay the agreed interest rate or delay damages at the rate of 24% per annum from February 9, 2013 to the date of full payment, excluding interest from February 8, 2013, the remainder of which is excluding interest from KRW 100,000 to KRW 10,000,000, to Plaintiff A.
B. On November 5, 2014, Plaintiff A’s assertion 1) made a loan to Defendant D on November 5, 2014, with the relationship between Plaintiff A and B, with bad credit standing, and additionally lent KRW 10 million to Defendant D on November 5, 2014, Defendant D has a duty to pay the loan to Plaintiff A. (2) Defendant D’s assertion made the Plaintiff’s claim that Defendant D used its bank account with a bad credit standing.