beta
Text
1. Defendant B’s KRW 271,50,000 and the Plaintiff’s annual rate of KRW 5% from May 6, 2017 to August 9, 2017.
Reasons
1. Basic facts
A. The Plaintiff leased Defendant B totaling KRW 271,50,000 as indicated below.
Serial Temporary loan amount of KRW 35,00,000 on March 31, 2015, KRW 35,000 on April 23, 2015, KRW 30,000 on June 23, 2015, KRW 40,000 on June 11, 2015, KRW 50,000 on June 11, 2015, KRW 50,000 on June 24, 2015; KRW 60,000 on June 10, 2015; KRW 30,000,000 on July 27, 2015; KRW 5,000,000 on August 5, 200, KRW 00,000 on KRW 10,00 on June 6, 205, 205;
B. Of the above loans, the Plaintiff deposited KRW 30,000,000 as of July 27, 2015, KRW 55,000,000 as of August 21, 2015, and KRW 88,500,000 as of October 2, 2015, in total, KRW 3,500,000 as of October 2, 2015, into the account in the name of Defendant C (CFD; hereinafter “instant account”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and 6 (including virtual number), the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a loan of KRW 271,500,000 and the delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from May 6, 2017 to August 9, 2017, which is the day following the delivery date of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of complete payment.
3. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion ① the Defendants, as a intermediary, lived in an economic community while jointly using the instant account for several years. ② Defendant C also filed a lawsuit seeking payment of the agreed amount with the Busan District Court Decision 2016No343592 on the premise that KRW 70,00,000 transferred from the instant account lent to Defendant B to KNF was one’s own money.
In full view of the above circumstances, Defendant C paid KRW 88,00,000 to the instant account that the Plaintiff deposited into the instant account (i.e., KRW 55,000,000 in total) or KRW 3,500,000 in total, or KRW 88,500,000 in total, and the Plaintiff paid KRW 88,00,000 in total.