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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 46,50,000 and 5% per annum from April 24, 2015 to May 15, 2018.
Reasons
1. On March 23, 2015, the Plaintiff leased KRW 50,000,00 to the Defendants for business funds related to multi-household construction (hereinafter “instant loan”) by the due date for repayment on April 23, 2015, under the name of the business funds related to multi-household construction (hereinafter “instant loan”) is either disputed between the parties or can be recognized by comprehensively taking into account the overall purport of pleadings in Gap evidence No. 1. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 50,000,000 and delay damages.
(Article 57 (1) of the Commercial Act provides that the defendants shall be jointly and severally liable for the payment thereof). 2. Determination on the defendants' defense
A. The Defendants asserted that all of the instant loans were repaid on several occasions from November 9, 2015 to March 28, 2016 as listed below.
Serial 5,000,000 Plaintiff B’s KRW 2,00,00,00 on December 8, 2015, 2015, the transfer note of the deposit account holder’s temporary deposit account amount, (i) Plaintiff C Cost C Cost 4, 2016 March 4, 2016, Plaintiff C Cost 5,000,000 on December 8, 2015, (ii) KRW 300,00,000 on March 4, 2016, Plaintiff A 50,50,000 on March 1, 2016, KRW 6,00,00 on March 1, 200, KRW 10,000 on March 1, 200, KRW 00,000, KRW A00,000 on March 14, 14, 2016, A20D 2009, A209, A2005D 2016.
B. According to the statement No. 1-9 of the evidence No. 1-2, the Defendants transferred the total amount of KRW 50,500,000 to the Plaintiff or D’s account nine times as indicated in the above statement is recognized.
1) With respect to the money set forth in the table 1 to 3, the evidence submitted by the Defendants alone is insufficient to acknowledge that the Defendants remitted money to the Plaintiff in order to repay the instant loan, and there is no other evidence to acknowledge this otherwise. Rather, in full view of the purport of the entire pleadings in the statement in the evidence No. 2, the Plaintiff newly constructed a complex multi-household house on March 23, 2015 with the Defendants on the E, C, F, and G ground (hereinafter “instant construction”).