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1. Defendant B shall pay to the Plaintiff KRW 74,975,754 as well as 30% per annum from October 27, 2009 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff set the interest rate of Defendant B at 3% per month and lent 9.5 million won on May 2, 2008, and 5 million won on May 13, 2008, respectively.
The amount paid on June 2, 200 3,00,000 on June 2, 2008 2. 3,50,000 on July 2, 2008; 3,000,00 on September 1, 2008; 5,000 on September 1, 2008; 5,00 on October 1, 2008; 3,000,000 on June 3, 200 on December 3, 2008; 6,00,00 on June 3, 200, 200 on June 3, 200, 200, 7,000 on April 10, 200, 200 on April 10, 2009; 9, 9,000 on June 10, 200 on June 10, 2009;
B. After that, Defendant B paid the following money to the Plaintiff under the pretext of the repayment of the principal and interest of the above debt, and each of the above money was charged with interest delay damages and principal in sequence among the above principal and interest of the above debt.
[Ground for Recognition] Defendant B: Defendant C’s assertion of confession (Article 150(3) and (1) of the Civil Procedure Act); Defendant C: Evidence Nos. 1, 2, and evidence No. 5-1 through 3; purport of the whole pleadings
2. Determination
A. According to the judgment as to the claim against Defendant B, as seen earlier, Defendant B is obligated to pay the Plaintiff the above loans of KRW 74,975,754 and damages for delay calculated at the rate of 30% per annum from October 27, 2009 to the date of full payment.
B. The plaintiff alleged that the defendant C is jointly and severally liable to pay the above amount with the defendant B by borrowing the above amount together with the defendant C. However, the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim against the defendant C is without merit.
3. Thus, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.