beta
Text
1. The Plaintiff:
A. Defendant B shall pay KRW 10,000,000 and a rate of 12% per annum from March 14, 2020 to the date of full payment.
Reasons
1. According to the purport of Gap evidence Nos. 1 through 4 and the whole pleadings, the plaintiff lent KRW 10,00,000 to defendant B on January 2, 2007; ② the plaintiff lent KRW 5,00,000 to defendant C on March 6, 2007; ③ the plaintiff guaranteed defendant C; ③ the plaintiff lent KRW 20,000,000 to defendant C on December 18, 2008; and ③ the plaintiff lent KRW 5,000,000 to defendant D on July 16, 2009.
2. According to the above facts finding as to the loan claims against Defendant B and Defendant D, Defendant B is obligated to pay the loan amount of KRW 10,000,000 and the amount of KRW 25,000 from March 14, 2020 on the day following the delivery date of the copy of the complaint of this case, and Defendant D is obligated to pay the loan amount of KRW 25,000,000 (= KRW 20,000,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery date of the copy of the complaint of this case to the day of full payment.
3. According to the above facts in determining the loan to Defendant C and the guarantee obligation claim against Defendant B, Defendant C is obligated to pay the borrowed amount to the Plaintiff.
Defendant C asserts that he paid KRW 7,00,000 in total as principal and interest, from February 2, 2017 to March 2018, Defendant C, his spouse, paid KRW 7,00,000 as principal and interest, and the Plaintiff claimed that it was paid as interest.
The fact that the interest was agreed on the loan of this case does not conflict between the parties, but there is no evidence to acknowledge the fact that the interest rate was agreed, it shall be 5% per annum.
According to the fact that Defendant C paid KRW 50,000 to the Plaintiff on December 5, 2011, Defendant C is the Plaintiff, and according to the respective statements in the evidence Nos. 1 and 2, the fact that the sum of KRW 7,000,000, from the account in the name of Defendant C and E, to July 16, 2018, was transferred from February 27, 2017 to the Plaintiff.
In addition, there is no assertion or proof that there was an agreement or designation between the Plaintiff and the Defendant C on the satisfaction of the claim, and Article 479 of the Civil Code.