Text
1. Defendant B’s KRW 70,000,000 and for this, KRW 8.4% per annum from August 22, 2012 to August 28, 2015.
Reasons
1. Basic facts
A. The Plaintiff is Nonparty D’s member, Defendant B is the spouse of Defendant D, and Defendant C is the child of Defendant D.
B. On October 22, 2007, the Plaintiff stated the following purport from D, and received a loan certificate with the name of Defendant B and the seal affixed thereon in the originator column (hereinafter “certificate 1”), and paid KRW 50 million to D under the pretext of loan.
(hereinafter referred to as "loan 1 of this case"). - Par value: 50 million won - 350,000 won for each month and interest day: on every month, 350,000 won (0.7%) and 21 days for each month - Period: It shall be extended to three years.
C. On December 18, 2007, the Plaintiff stated the following purport from D on December 18, 2007, and received a loan certificate with the name of Defendant B and the seal affixed thereon in the originator column (hereinafter “the second certificate of this case”) and paid KRW 20 million to D as a loan.
(hereinafter referred to as "second lending of this case") . - Par value: 20 million won - 140,000 won (0.7%) for each month and interest day: 21 per month in order.
D. The Plaintiff received transfer of funds, namely, up to August 21, 2012 from the part of the first and second loans of this case, to the Plaintiff’s deposit account.
[Reasons for Recognition] Defendant 1: Defendant 2, Article 150 of the Civil Procedure Act: The fact that there is no dispute, evidence No. 1-2, evidence No. 2, and the purport of the whole pleadings
2. As to the claim against the defendant B
A. According to the above facts, it is recognized that Defendant B issued the certificate Nos. 1 and 2 of this case through D and borrowed the loan.
B. Unless there exist special circumstances, Defendant B’s total sum of KRW 70 million for the principal of the instant loans (i.e., KRW 50 million) and KRW 20 million for the instant loans from August 22, 2012 to August 28, 2015, which was the date of the instant judgment, sought by the Plaintiff from August 28, 2015 (i.e., the date of the instant judgment, which was the date of the instant judgment, 8.4% per agreed interest rate (=0.7% x 12 months) and the promotion of litigation from the following day to the date of full payment.