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1. Defendant C shall pay 40,000,000 won to the Plaintiff and 20% per annum from September 6, 2013 to the day of full payment.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 3, and 2-1, 2, 7, 8, 9-1, 2, and 1 of evidence No. 1-2, 7, 9-1, 2, and 1 of evidence No. 1-2.
Defendant B completed the marriage report on July 11, 2001 with Defendant C. On the ground of the indivency with Defendant C, Defendant C filed a divorce lawsuit against Defendant C with Seoul Family Court 2013Ddan4145, and rendered a judgment on May 8, 2013 that “the Plaintiff (Defendant B) and the Defendant (Defendant C) are divorced.”
B. On March 25, 201, before receiving the above divorce judgment, Defendant C asked the Plaintiff to borrow funds in order to raise the purchase price of tourist buses to be entered into D. Accordingly, the Plaintiff withdrawn KRW 40,000,000 after receiving KRW 20,000 from E and deposited KRW 40,000 in D on March 25, 201, thereby lending the said money to Defendant C (hereinafter “instant loan or loan”).
C. As to the instant loan, Defendant C shall borrow KRW 20,000,000 from the Plaintiff on March 25, 2011 as interest rate of KRW 2% per annum and shall be repaid until May 30, 2012.
“The loan certificate is prepared and delivered to the Plaintiff.” The loan certificate is also drawn up in the name of Defendant C, stating that “40,000,000 won was borrowed from E on March 25, 201 and the repayment date was as of April 25, 201, and the interest shall be 2% per month.”
Meanwhile, on April 3, 2012, Defendant B borrowed KRW 40,000,000 in cash on the back of Chapter Three (3) on the back of the loan of this case, and Defendant B is the owner of the vehicle.
5. From the 25th day to the 700,000 won each month, the parties agree to pay the 700,000 won in return for the promise to sell the vehicles and pay all of the balance at the time of disposal.
hereinafter referred to as "the agreement of this case"
2. The above facts of the judgment as to the claim against Defendant C are as follows: evidence 1, 2, and evidence 4-1, 2, and 3 of evidence 3-1, 3.