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1. The Defendants shall jointly and severally serve as KRW 105,00,000 on the Plaintiff and as a result, from May 11, 2018 to December 5, 2018.
Reasons
1. Basic facts
A. On March 2007, the Defendants borrowed KRW 200 million from Defendant B’s father D (Death on February 6, 2016) and purchased apartments.
B. The Defendants paid to the Plaintiff (Defendant B) KRW 1 million on November 24, 2009, KRW 7 million on November 30, 2009, KRW 80 million on November 30, 2009, and KRW 72 million on January 16, 2010.
C. In addition, between February 2012 and April 2016, the Defendants repaid approximately KRW 15 million on behalf of the Plaintiff on January 16, 2012, with respect to KRW 20 million that the Plaintiff borrowed from a national bank as a deposit money.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 2, and 10 evidence (including serial number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff D transferred the above loan claims to the Plaintiff on November 2009. Accordingly, the Defendants repaid the Plaintiff the total amount of KRW 95 million in the manner of directly paying the loan or repaying the loan instead, so the Defendants are jointly and severally liable to pay the remainder of KRW 15 million and delay damages.
B. The Defendants asserted that: (a) the above KRW 200 million was paid by Defendant B for repayment of the debts of KRW 38,327,935 to Defendant B, not for the loan, and for the purchase of housing; and (b) Defendant C was not related to this; and (c) Defendant C did not notify the Defendants of the fact of transferring the claims; and (d) the amount of KRW 100 million was paid to the Plaintiff according to D’s intent to return to D.
3. The judgment is based on the following: (a) the Defendants paid KRW 95 million in total to the Plaintiff from around 2009 by means of direct payment or repayment of loans on behalf of the Plaintiff; (b) according to the Plaintiff’s wife E and the Defendants’ text messages (Evidence A8 to 12) sent on November 10, 2013 and April 10, 2013, E urged payment of the remainder of money; and (c) the Defendant B urged payment of the remainder of money.