beta
Text
1. The Plaintiff:
A. Defendant B shall pay KRW 125,00,000 as well as 20% per annum from August 12, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Defendants have a marital relationship and divorced around 2001, and even thereafter, Defendant C worked as a manager in the studal harassment operated by Defendant B, and aided Defendant B.
B. The Plaintiff set the Defendants’ maturity of KRW 20,000,000 on January 28, 2008 as the maturity date of April 28, 2008, and set KRW 25,000,000 on January 30, 2008 as the maturity date of May 30, 2008, and lent each of them as the maturity date of February 25, 2008.
C. The Plaintiff loaned the amount of KRW 30,000,000 to Defendant B on March 29, 2008, as the due date set on June 29, 2008.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1-6, the purport of the whole pleadings and arguments
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff a total of KRW 125,00,000,000 and damages for delay calculated at the rate of 20% per annum from August 12, 2014 to the day of full payment, as requested by the Plaintiff, following the delivery day of the original copy of the instant payment order, as the repayment day after the due date of each loan. Defendant C is obligated to pay the Defendant B and each of the above KRW 125,00,000,000, as claimed by the Plaintiff.
1.(b)
Since August 12, 2014, the day following the delivery date of the original copy of the instant payment order, as requested by the Plaintiff, Defendant C is obligated to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act and 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the date of this decision, and which is deemed reasonable for Defendant C to dispute over the existence or scope of the obligation to pay as to the original copy of the instant payment order, as requested by the Plaintiff.
The Plaintiff’s status as Defendant C
1.(c)
Although it is alleged to the effect that the loan debt of KRW 30,00,000 as stated in the claim is jointly and severally liable for the repayment, it is reasonable to recognize the above assertion only with the descriptions of KRW 5,6 of the evidence No. 1-5, 1-6.