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1. Defendant B shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from May 25, 2018 to the date of full payment.
Reasons
1. Claim against the defendant B
A. On April 23, 2016, Defendant B issued to the Plaintiff a certificate of borrowing that Defendant B would pay KRW 90,000,000,000, which was the money borrowed from the Plaintiff during the said period, to the Plaintiff by April 29, 2018, as the notary public of the D Law Office No. 1640, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of determination, Defendant B is obligated to pay to the Plaintiff the amount of KRW 90,00,000 borrowed money and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 25, 2018 to the date of full payment, as sought by the Plaintiff.
2. Claim against Defendant C
A. The gist of the Plaintiff’s assertion was that Defendant C transferred the passbook in his name to Defendant B, an ASEAN.
Defendant C has embezzled KRW 34,80,000, which the Plaintiff deposited in the above passbook, or has committed a joint tort against KRW 34,800,000, which was deposited in the above passbook when Defendant B acquired KRW 90,000 from the Plaintiff. As such, Defendant C and the Plaintiff jointly paid KRW 34,80,000,000, out of KRW 90,000, and damages for delay.
B. Although there is no dispute between the parties that Defendant C created a passbook under his name to Defendant C, Defendant C embezzled money deposited in the above passbook by personal use.
Since there is no evidence to acknowledge that Defendant B committed a joint tort with the knowledge of the act of deceiving the Plaintiff’s assertion or that Defendant B committed a joint tort, the Plaintiff’s above assertion is without merit.
3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.