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1. As regards Defendant C’s KRW 140,00,000 and its KRW 50,000 among them, Defendant C shall be KRW 90,00,000,00 from January 9, 2012.
Reasons
1. The Plaintiff, the cause of the instant claim, determined that KRW 50,00,00 as of December 9, 201 to be due on January 8, 201, and KRW 12% per month, and determined and lent KRW 90,000 on December 28, 2012 as of February 24, 2012 and KRW 11% per month, respectively, to the Defendants. As such, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 30% per annum, which is the highest interest rate under the Interest Limitation Act, within the scope of the loan and its agreement.
2. Judgment on deemed confession as to the part of claim against Defendant C (Article 150(3) and (1) of the Civil Procedure Act)
3. Part of the claim against the defendant B
A. The gist of Defendant B’s assertion is that the Plaintiff’s money claimed as the loan was transferred from Defendant B to Defendant B’s share account used for the transaction in Defendant C’s management and management. It is merely the Plaintiff’s investment in Defendant C. Since Defendant B did not borrow this from the Plaintiff, Defendant B cannot respond to the Plaintiff’s request.
B. According to the purport of the evidence Nos. 1, 2, and 4 and the entire pleadings, the Plaintiff transferred KRW 40 million on December 9, 201 to the account in the name of the Defendant B, KRW 45 million on December 27, 201, and KRW 135 million on December 28, 201 (i.e., KRW 40 million) to the account in the name of the Defendant B (= KRW 45 million), or KRW 5 million on December 28, 201 (i.e., KRW 45 million).
(2) Defendant C borrowed KRW 50 million on December 9, 201 within the repayment period of 30 days, the monthly interest rate of 12% (payment on the second day of each month as interest), and the amount of KRW 90 million on December 28, 201 due date of repayment of KRW 90 million on February 24, 2012, and 11% of the interest rate of February 24, 201 (the second day of each month as interest and the second day of each month as interest and the second day of December 28, 201).
Defendant C’s personal information in each of the instant loan certificates was prepared and presented to the Plaintiff.