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1. Defendant B shall pay to the Plaintiff KRW 39,565,00,00 per annum from June 28, 2013 to the day of full payment.
Reasons
1. Basic facts
A. Defendant B married with Defendant C on June 11, 2008, but married on July 11, 2013.
B. The Plaintiff loaned KRW 46,545,000, in total, between February 10, 2012 and March 13, 2013, to Defendant B, as indicated in the attached lease details.
C. After that, the Plaintiff received 6,980,000 won from Defendant B as stated in the separate sheet of repayment.
[Ground for recognition] Defendant B: The fact that there is no dispute over Defendant C: Gap, 2, 3, and 7; the statement of evidence No. 1; the statement of evidence No. 1; the order to submit financial transaction information to Yangyang Livestock Cooperatives on November 6, 2013; the purport of the entire pleadings;
2. According to the judgment on the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a loan of KRW 39,565,00 (i.e., KRW 46,545,00 - KRW 6,980,00) and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 28, 2013 to the date of full payment.
3. Determination as to the claim against Defendant C
A. (i) Defendant C borrowed money from the Plaintiff as indicated in the separate loan content, or agreed to repay the Plaintiff’s debt to the Plaintiff jointly with Defendant B, jointly and severally with the Plaintiff.
The evidence submitted by the Plaintiff alone that the Defendant C borrowed money from the Plaintiff as shown in the attached loan details.
It is insufficient to recognize that the plaintiff agreed to repay the debt owed to the plaintiff by the defendant B with the defendant B, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.
B. (i) Defendant B borrowed money from the Plaintiff as stated in the separate loan agreement on the Plaintiff’s daily home affairs. As such, Defendant C borrowed money from the Plaintiff, Defendant C’s loan obligation against the Plaintiff.