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1. Defendant B’s KRW 60,000,000 as well as 6% per annum from September 30, 201 to May 7, 2015 to the Plaintiff.
Reasons
1. In full view of the purport of the entire pleadings as to the statement in Gap evidence No. 1, it is recognized that the plaintiff lent KRW 60,000,000 to defendant B on March 2, 2011, and the above defendant agreed to pay the above money until September 30, 201, and to pay interest calculated at the rate of 6% per annum on the last day of each month.
2. Determination on the cause of the claim
A. According to the above facts, Defendant B is obligated to pay to the Plaintiff the interest and delay damages calculated at the rate of 60 million won per annum, which is the agreed interest rate from September 30, 201 to May 7, 2015, which is the day when the original copy of the instant payment order was served on the Defendant from September 30, 201 to the day when the original copy of the instant payment order was served on the said Defendant, and the interest and delay damages calculated at the rate of 20% per annum from the following day to the day of full payment.
B. The Plaintiff asserts to the effect that, at the time of lending the above money to Defendant B, Defendant C, the wife of the above Defendant, made an oral and joint guarantee for the payment of the above loan, Defendant C also is jointly and severally liable with Defendant B.
The facts of Defendant C’s wife do not conflict between the parties, and according to the evidence Nos. 2 and 4, Defendant C’s monetary transaction with the Plaintiff using the financial account in the name of Defendant C, it is not sufficient to recognize that the Plaintiff guaranteed the payment of the above loan by Defendant C at the time of lending the above loan to Defendant B, on the sole basis of each of the above facts of recognition and evidence Nos. 3, 5, and 6, and 1, 2.
The plaintiff's claim against the defendant C is groundless.
3. In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of its reasoning, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.