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1. Defendant B: (a) KRW 22,860,000 for the Plaintiff and 5% per annum from July 20, 2013 to February 14, 2014.
Reasons
1. The parties' assertion
A. On July 28, 2003 upon the request of the Plaintiff, the Plaintiff lent KRW 30,000,000 to the Defendants at 1.5% monthly interest. The Defendants paid KRW 450,000 to the Plaintiff each month until October 6, 2005, and thereafter did not pay interest.
In other words, on October 30, 2006 upon the request of the Defendants, the Plaintiff additionally lent KRW 10,000,000 to the Defendants at 2% interest per month. The Defendants paid KRW 200,000 per month to the Plaintiff as interest on the said KRW 10,000,000 and did not pay interest thereafter.
Therefore, the Defendants shall jointly and severally pay to the Plaintiff the total sum of KRW 40,000,000 as to KRW 30,000,000 among them, as the Plaintiff seeks, from July 11, 2010, and from April 1, 2013 to the delivery date of a copy of each complaint of this case, 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. The Defendants did not borrow money from the Plaintiff in the case of Defendant C, but only Defendant B, the couple of which, using the Defendant C’s account, paid the Plaintiff the debt.
Defendant B borrowed a total of KRW 40,000 from the Plaintiff, but did not enter into an interest agreement at the time of lending, and paid KRW 450,000 to KRW 20,000 each month from the time of the agreement to March 2013, Defendant B fully repaid the Plaintiff’s loan obligations.
Therefore, the plaintiff's claim is without merit.
2. Determination on the cause of the claim
A. As to the claim against Defendant B, 1 Plaintiff did not separately set the due date to Defendant B, but lent KRW 30,000,000 on July 28, 2003; KRW 10,000,000 on October 30, 2006; Defendant B lent the Plaintiff a total of KRW 17,140,000 as shown in the debt repayment sheet from September 30, 2003 to March 12, 2013.