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1. Defendant C shall pay to the Plaintiff KRW 82,00,000 and the interest rate of KRW 15% per annum from November 1, 2018 to the date of full payment.
Reasons
1. Claim against Defendant C
(a) Indication of claim: The Plaintiff’s claim seeking payment of KRW 82 million and damages for delay, as the Plaintiff remitted to Defendant C the total amount of KRW 82 million to Defendant B’s account, KRW 30 million on October 31, 2016, KRW 20 million on February 3, 2017, KRW 20 million on May 18, 2017, and KRW 12 million on July 25, 2017, respectively, and lent to Defendant C as of July 26, 2017.
(b) Applicable provisions of Acts: Articles 208 (3) 3 and 194 through 196 of the Civil Procedure Act;
2. Claim against the defendant B
A. The Plaintiff asserted that Defendant C’s business funds of Defendant B, one of its own children, lent KRW 30 million on July 19, 2016, and KRW 50 million on July 28, 2016 (hereinafter “pre-paid loan”). Thereafter, upon the Defendants’ request for additional loan, the Plaintiff determined that the loan was extended to Defendant B’s account to KRW 30 million on October 31, 2016, KRW 20 million on February 32, 2017, KRW 20 million on May 18, 2017, KRW 80 million on July 25, 2017, and KRW 20 million on July 26, 2017 (hereinafter “the repayment period”).
Therefore, Defendant B is jointly and severally liable with Defendant C to pay the above additional loans of KRW 82 million and damages for delay.
B. According to the statement in Gap evidence No. 2, it is recognized that the plaintiff remitted the total amount of KRW 82 million to Defendant B’s account on October 31, 2016, KRW 20 million on February 3, 2017, KRW 20 million on May 18, 2017, and KRW 12 million on July 25, 2017.
However, the above facts alone are insufficient to recognize that Defendant B lent the above amount of KRW 82 million to the Plaintiff on July 26, 2017, and there is no other evidence to acknowledge this otherwise.
Rather, the following circumstances are revealed by Gap evidence 1, Eul evidence 1 and the purport of Gap evidence 1 and 2 as a whole, i.e., prior loans prior to the instant loan.