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1. Defendant B’s KRW 2,895,00 and its amount per annum from March 6, 2019 to April 7, 2020, respectively, to the Plaintiff.
Reasons
1. From October 12, 2010 to May 22, 2015, the Plaintiff, as the cause of the Plaintiff’s claim, lent a total of KRW 47,000,000 to the Defendants. As such, the Defendants jointly and severally pay to the Plaintiff damages for delay from the day following the delivery date of a copy of the instant complaint.
2. Determination
A. 1) Determination as to the claim against Defendant B does not dispute between the parties, or is recognized by comprehensively taking account of the respective descriptions and arguments in subparagraphs 2, 3, and 2 and 3 as well as the overall purport of the pleadings. In other words, Defendant B borrowed KRW 43,750,000 in total to the Plaintiff on December 5, 2014 (i.e., KRW 16,750,000 (= KRW 27,000,000), two copies of the loan certificate (hereinafter collectively referred to as “the loan certificate of this case”).
(2) In light of the fact that the Plaintiff and Defendant B made frequent monetary transactions from around 2010 to around 2014, and the Plaintiff and Defendant B appears to have made each of the above loans from around 2014 to settle the borrowed principal, and that the Plaintiff loaned KRW 3,500,000 to Defendant B on May 22, 2015, and accordingly, claimed that the borrowed principal was KRW 47,000,000, it is deemed that the Plaintiff lent KRW 47,000 to the Defendant. (2) As to this, the Defendant asserted that the Plaintiff repaid the Defendant KRW 49,964,000 ( KRW 45,664,000) in total to the Plaintiff.
In full view of the facts stated in the evidence Nos. 4 and 5 and the purport of the entire arguments in the evidence Nos. 4 and 5, Defendant B paid to the Plaintiff totaling KRW 39,805,00 ( KRW 28,439,000, KRW 28,766,000 among the attached Form No. 1) through the account in the name of the Plaintiff or his husband from December 15, 2015 to August 24, 2017; Defendant B paid KRW 4,30,000 in total to the Plaintiff on June 16, 2017 and August 18, 2017 (Article 28,439,000) through the account in the name of the Plaintiff or his husband; Defendant B paid KRW 10,00,000 in total to the Plaintiff from June 23, 2014 to August 14, 2014).