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1. Defendant B shall pay 27 million won to the Plaintiff and 30% per annum from October 18, 2015 to the day of complete payment.
Reasons
1. According to the statement in Gap evidence No. 1 and No. 8 as to the claim against defendant B, when the plaintiff transferred 2,6950,000 won to defendant B from November 29, 2012 to August 12, 2015, and borrowed 2,7 million won from defendant B on October 18, 2015, transplant shall be determined as 30% per annum, and the interest shall be paid by the corresponding interest per month. The time when the interest payment is delayed shall lose the benefit of time and the total amount of the principal and interest shall be repaid.
Inasmuch as “the fact that” received a certificate of borrowing is recognized, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the above agreed interest rate from October 18, 2015 to the date of full payment.
(A) The Plaintiff sought payment of interest or delay damages from August 13, 2015, which is the day following the last transfer date, but at that point, the total amount of the loan does not exceed 27 million won, and it is difficult to view that the Plaintiff agreed to pay interest at 30% per annum prior to the preparation of the above loan certificate, and thus, this part of the allegation cannot be accepted). Therefore, the Plaintiff’s claim against Defendant B for the claim within the above recognition scope is accepted due to the grounds, and the remainder is dismissed.
2. The Plaintiff asserted that Defendant C borrowed the above money together with Defendant C, who is the mother of Defendant C, but Defendant C opened an account to which the Plaintiff transferred the said loan in order to the mother who is a bad credit holder.
The sole basis of the circumstance that Defendant B used part of the money received from the said account for self-reliance cannot be deemed to have jointly borrowed the money with Defendant B.
The Plaintiff asserted that the above loan certificate was jointly and severally liable by the Defendants with respect to the money which Defendant B failed to repay, and that Defendant B was prepared and delivered as the agent of Defendant C, but Defendant B prepared the above loan certificate to the effect that it was alleged by the Plaintiff.
Defendant C. Furthermore, Defendant C.