Text
1. Defendant B’s KRW 50 million to the Plaintiff, as well as 20% per annum from May 20, 2015 to September 30, 2015.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 2, 3, and 4 of the claim against Defendant B, the Plaintiff loaned KRW 40 million to Defendant B by issuing four copies of a cashier’s checks of KRW 10 million on April 1, 2013, and the Plaintiff lent KRW 10 million to Defendant B by delivering four copies of a cashier’s checks of KRW 10 million on the same bank issued on September 25, 2013.
Therefore, as the Plaintiff seeks, Defendant B is obligated to pay to the Plaintiff 50 million won a total of the above borrowed amounts and damages for delay calculated at the rate of 20% per annum from May 20, 2015 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the instant complaint, and from the next day to the day of full payment, 15% per annum under the aforesaid Special Cases.
2. The part of the claim against Defendant C was found to be Defendant C, who was the one of Defendant B, because the Plaintiff did not contact with the above loan and did not return the loan, and the Defendant C promised to dispose of the real estate between Cho only and to return the lease deposit to the Plaintiff, but there is no evidence to acknowledge this.
3. The plaintiff's claim against the defendant B is partially accepted, and the claim against the defendant C is dismissed.