beta
Text
1. Defendant B’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from July 22, 2017 to January 30, 2018.
Reasons
Basic Facts
The Plaintiff loaned KRW 48,50,000,000 to Defendant B by means of remitting to Defendant C’s account designated by Defendant B, which was known to it, upon receiving a request for lending of stock investment funds from Defendant B, and accordingly, the Plaintiff loaned KRW 500,000 on December 14, 2010, KRW 25,000 on March 17, 2010, KRW 222,3,000,000 on March 22, 2010, and KRW 10,000 on May 10, 2010.
From January 11, 2010 to September 15, 2010, Defendant B paid to the Plaintiff the principal of KRW 3,500,000 among the above loans, and KRW 1,100,000, which is part of the contractual interest.
[Ground of recognition] The plaintiff and the defendant B: The defendant B is obligated to pay the plaintiff the remaining loans of KRW 45,00,000 (= KRW 48,500,000 - KRW 3,500,000) and damages for delay at each rate of 15% per annum under the Civil Act from July 22, 2017 to January 30, 2018, which is the day following the delivery date of a copy of the complaint of this case, to January 30, 2018, and from the next day to the day of full payment, the damages for delay at the rate of KRW 45,00 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which are stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
As to the claim against Defendant C, the Plaintiff asserted that Defendant C is jointly and severally liable with the Defendant for the payment of the remaining loan, on the ground that the Defendants made an investment in shares and made profits therefrom divided into two shares, and that Defendant C demanded the transfer of the loan to Defendant C’s account, and that it was actually remitted to Defendant C’s account.
However, the facts alleged by the plaintiff and the above facts are not sufficient to view that the defendant C is jointly and severally liable to pay the remaining loan to the plaintiff. Thus, the plaintiff's claim against the defendant C is without merit.
In conclusion, the plaintiff's claim against the defendant B is justified.