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1. Defendant B’s KRW 266,400,000 and its amount are 15% per annum from April 20, 2019 to May 31, 2019.
Reasons
Facts of recognition
The Plaintiff came to know of Defendant B around November 2015, and, on March 8, 2016, remitted KRW 20,000,000 to Defendant C’s account under the name of Defendant B, which is his/her father, to the account in the name of Defendant C, and accordingly, lent KRW 378,00,000 in total until July 11, 2018 (hereinafter “instant loan”).
On March 28, 2016, Defendant B paid KRW 111,60,000,000 as indicated in the “sum repayment” column, such as paying KRW 6,300,00 to the Plaintiff.
[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1-3 (including additional number), and the purport of the entire argument as to the claim against defendant B, according to the above fact-finding, defendant B is obligated to pay to the plaintiff 266,400,000 won (i.e., loans of this case 378,000,000 won - the above repayment amount of 111,60,000 won) and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 20, 2019 to May 31, 2019, and from the next day to the date of full payment.
(The Plaintiff claimed damages for delay calculated at the rate of 15% per annum, but as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended, it applies to 12% per annum pursuant to the amended provisions from June 1, 2019). The Plaintiff’s assertion as to the claim against Defendant C was based on the Plaintiff’s loan to Defendant B, Defendant B received the instant loan through the said account, and some of the amount repaid was remitted to the Plaintiff via the said account.
As above, the Plaintiff paid the instant loan in trust with Defendant C, and as such, Defendant C is jointly and severally liable with Defendant C to pay the instant loan to the Plaintiff.
Judgment
According to the above evidence, the defendant C himself.