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1. The Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won and 5% per annum from May 19, 2012 to February 12, 2018.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion that around April 2002, the Plaintiff lent KRW 70 million to the Defendants, and received the interest therefrom until May 18, 2012, and accordingly, the Defendants jointly and severally asserted that the Plaintiff should pay to the Plaintiff the interest and delay damages incurred from May 19, 2012.
B. The Defendants’ assertion that Defendant B borrowed KRW 70 million from the Plaintiff around April 2002 is recognized.
However, the borrower paid the interest of KRW 70 million to the Plaintiff by November 2012, not only Defendant C, but also Defendant C.
2. Determination
A. The fact that Defendant C borrowed KRW 70 million from the Plaintiff on April 2002 (hereinafter “the instant loan”). As such, there is no dispute between the parties as to whether Defendant C is the borrower. In full view of the following circumstances, it is reasonable to view Defendant C as the co-user, taking into account the following circumstances, as a whole, as to whether Defendant C is the borrower’s status together with Defendant B, the written evidence No. 2, No. 3-1, No. 3-2, No. 4, and No. 5, and the overall purport of the pleadings.
① The answer submitted by the Plaintiff against Defendant C in the case of compensation for damages, which is the District Court Decision 2013Ga4034, stated that “this Defendant constructed a house on the D site around April 2002 at the Government-Si, the ownership of B, and that part of the construction cost was required, and this Defendant borrowed KRW 70 million from the Plaintiff, and this Defendant borrowed KRW 70 million from the Plaintiff and repaid interest until May 18, 2012 after borrowing KRW 70 million from the Plaintiff.” The Defendant “I” stated that the Plaintiff lent KRW 70 million to the Plaintiff, and that the Defendant could not be forgotten for a lifelong life, and that the court stated that “The Plaintiff borrowed KRW 70 million from the Plaintiff to the Defendant for the purpose of housing construction at around May 200 in the case described in the preceding paragraph.”