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1. Defendant B shall pay 18 million won to the Plaintiff and 20% per annum from October 4, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. Defendant C is the wife of Defendant B, Defendant D is the child of Defendant B and C, and Defendant B operated the E company.
B. On August 5, 2013, the Plaintiff deposited KRW 44 million to Defendant B, KRW 4 million on August 12, 2013, KRW 44 million to Defendant C, and KRW 20 million on October 4, 2013, respectively.
【Ground for recognition】 Evidence No. 1, No. 1, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Comprehensively taking into account the purport of the entire argument in the facts of the above recognition of the claim against Defendant B, it is reasonable to view that the Plaintiff loaned to Defendant B the amount of KRW 4 million on August 5, 2013, KRW 4 million on August 12, 2013, KRW 20 million on October 4, 2013, and KRW 20 million on October 4, 2013 without due date. As such, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 4, 2014 to the date of complete payment, following the delivery of a copy of the complaint in this case.
B. The Plaintiff asserted that Defendant C bears joint and several obligations with Defendant C as joint borrowers with respect to the above loan obligations amounting to KRW 44 million, and KRW 20 million among the above loan obligations. However, in light of the fact that the Defendants are in a family relationship and Defendant B operated a company, the fact that the Plaintiff deposited money in the passbook of Defendant C and D is insufficient to deem that the above Defendants jointly borrowed money as alleged by the Plaintiff, and that there is no other evidence to acknowledge it, the Plaintiff’s assertion on the above part is without merit.
3. In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of its reasoning, and each claim against the defendant C and D is dismissed as it is without merit. It is so decided as per Disposition.