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1. Defendant C’s KRW 50,000,000 as well as 5% per annum from August 22, 2013 to May 21, 2014, respectively, to the Plaintiff.
Reasons
1. The parties' assertion
A. On May 20, 2010, the Plaintiff asserted that: (a) at the Eda located in Chungcheongnam-gun, Chungcheongnam-gun; (b) the Defendants, the married couple, requested the Defendants to borrow money to borrow money; (c) and (d) the Defendants to borrow KRW 50 million per annum on the condition that they receive interest of 10% per annum from the Defendants; and (d) remitted KRW 50 million to the Defendant C’s account on May 24, 2010.
However, the Defendants did not pay interest of KRW 5 million after the payment of interest on March 16, 201 to the Plaintiff’s account.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the total principal amount of KRW 61,054,794 [the principal amount = KRW 11,054,794 per annum 10% interest from May 24, 2011 to August 9, 2013 [the Plaintiff refers to KRW 50 million x 807 days (the Plaintiff refers to only 807 days out of total 808 days)/365 days] x 10%, and damages for delay of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint of this case to the day of full payment].
B. The Defendants asserted that they did not request that they would either go to Eda or to lend money to the Plaintiff on May 20, 2010, and Defendant C, the wife, who received KRW 50 million from the Plaintiff on May 24, 2010, received the remittance of KRW 50 million from the Plaintiff on May 24, 2010, is a donation free of charge in the internal relationship.
2. Determination
A. First, on May 20, 2010, the Defendants requested the Defendants to borrow money as it is necessary to provide funds for the opening of laundry business to the Plaintiff and ASEAN, and examined whether the Plaintiff intended to lend KRW 50 million to the Defendants.
① According to the instant court’s response to an order to submit financial transaction information to our banks, the Plaintiff transferred KRW 50 million from his agricultural bank account to Defendant C’s bank account on May 24, 2010, and KRW 40 million from May 31, 2010, which was later on May 31, 2010, and KRW 1 million among them on June 4, 2010.