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1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from May 1, 2017 to the date of full payment.
Reasons
1. The fact that the Plaintiff transferred KRW 40 million to Defendant B’s business account passbook on August 29, 2013 is no dispute between the parties.
2. The plaintiff asserts that since the above KRW 40 million was loaned to the defendants, the defendants are jointly and severally liable to return it.
As to this, the Defendants asserted that the above KRW 40 million was only the money paid to Defendant B as a married property, prior to the marriage with D, his/her father, and the Plaintiff paid to Defendant B as a married property.
3. Determination
A. As to the claim against Defendant B, considering the following as a whole: (a) evidence No. 1, evidence No. 2-1, and evidence No. 2-7; and (b) the financial situation and details of transfer of money at the time of marriage between the Plaintiff and Defendant B; (c) exchange between the Plaintiff and the Plaintiff and the Defendant B, expenses and examples, etc. at the time of marriage; (d) relationship and economic situation between the Plaintiff and the Defendant D and the Defendant B after marriage; (e) specific contents of the marriage lawsuit and the issues dealt with in the judgment, which the Plaintiff and D alleged in the divorce lawsuit proceeding after the failure of marriage; and (e) it is difficult to readily recognize that the Plaintiff transferred KRW 40 million to Defendant B, even if the Plaintiff paid to Defendant B without compensation for a matrimonial engagement; and (e) it is natural to view that the Plaintiff lent the money to Defendant B, a preliminary head, as a loan without specifying interest or the maturity date.
Thus, Defendant B is obligated to pay to the Plaintiff the above loan 40 million won and the damages for delay calculated at the rate of 15% per annum from May 1, 2017 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case.
B. There is no evidence to prove that the Plaintiff lent the above money to Defendant C with respect to the claim against Defendant C, and otherwise, Defendant C owes the above borrowed money.