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1. Defendant B’s KRW 100,000,000 as well as 5% per annum from January 7, 2009 to September 21, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On December 2, 2008, the Plaintiff loaned KRW 100,000,000 to Defendant B as of January 6, 2009.
[Ground of recognition] Facts without dispute, entry of Gap evidence 6, 7, and 8, the purport of the whole pleadings
2. The plaintiff's assertion
A. Since the Defendants deceptioned the Plaintiff without their intent to repay on December 2008 and acquired by deceptioning KRW 100,000,000, they are obligated to pay the above KRW 100,000,000 as compensation for damages and delay damages therefor.
B. Since Defendant B borrowed KRW 100,000,000 from the Plaintiff, it is obligated to pay the above borrowed amount of KRW 100,000,000 and interest and delay damages thereon.
3. Determination
A. It is not sufficient to acknowledge that the Defendants, by deceiving the Plaintiff and deceiving the Plaintiff, obtained KRW 100,000,000 solely on the basis of the facts stated in Gap evidence Nos. 1 through 7, and there is no other evidence to acknowledge this otherwise. Therefore, this part of the Plaintiff’s assertion is without merit.
B. According to the above facts, Defendant B is obligated to pay the Plaintiff the interest calculated at a rate of 5% per annum from January 7, 2009 to September 21, 2016, which is the day following the due date for repayment of the loan, and 5% per annum from January 7, 2009 to September 21, 2016, which is the day of delivery of a copy of the complaint, and 15% per annum from the next day to the day of full payment (the Plaintiff is also obligated to pay the Plaintiff interest calculated at a rate of 5% per annum from December 3, 2008, which is the day following the due date for borrowing the loan, from January 6, 2009 to the day of full payment). This part of the Plaintiff’s assertion is without merit within the above scope of recognition.
4. Thus, the plaintiff's claim against the defendant B is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. The plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.