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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,054,401 as well as 5% per annum from February 20, 2018 to April 18, 2019.
Reasons
1. Facts of recognition;
A. Defendant B and the Plaintiff were between the Plaintiff and his birth, and the Defendants were between husband and wife.
B. From March 14, 2016 to June 23, 2017, the Plaintiff lent a total of KRW 40,101,400 to Defendant B, and had Defendant B use the Plaintiff’s card and pay the card price instead.
C. On November 8, 2017, Defendant B prepared a loan certificate (No. 2; hereinafter “the instant loan certificate”) stating that “I swear that I will pay the above money by the day, interest KRW 100,000,000,000 per month,” and Defendant C signed and sealed the said loan certificate as a joint guarantor.
From April 5, 2016 to January 2, 2018, Defendant B repaid a total of KRW 57,564,052 to the Plaintiff. Of them, the details paid following the preparation of the instant loan certificate are KRW 230,000,000 on November 27, 2017, KRW 250,000 on November 28, 2017, and KRW 3,384,052 on January 2, 2018.
E. On February 19, 2018, Defendant B deposited KRW 55,735,367 with the Plaintiff as the principal deposit in Suwon District Court (hereinafter “instant deposit”), and the Plaintiff received the said money.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 9, Eul evidence 1 and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Defendant B agreed to pay the Plaintiff interest of KRW 40,101,40 and KRW 73,270,90 of the card amount to KRW 73,270 and KRW 2% per month. In addition, Defendant B had the Plaintiff purchase clothes and bags equivalent to KRW 51,050,00 on behalf of the Plaintiff and brought them up. Defendant B had the Plaintiff purchase them on behalf of the Plaintiff. Accordingly, the Defendants jointly and severally agreed to the Plaintiff as to the total amount of KRW 176,248,41 (the card amount of KRW 40,101,40,000, KRW 73,270,000, KRW 51,050, KRW 11,826,000, KRW 57,564,052, KRW 57,3635,67,989 and damages for delay due to the deduction of the remainder of the Plaintiff’s credit amount.