beta
Text
Defendant B’s KRW 60,00,000 and its amount are 5% per annum from November 1, 2015 to August 30, 2019.
Reasons
1. Under the underlying facts, Defendant B gave birth to the deceased E (the deceased on April 17, 2019, hereinafter “the deceased”) and the deceased’s de facto marriage from May 192, and before March 27, 2019, the deceased died as cancer.
The plaintiff is the person who completed the marriage report. The plaintiff is the person of defendant B, and the defendant C and D are the children born between the deceased and the former husband G, there is no dispute between the parties.
2. Upon the request of the Plaintiff, the Plaintiff asserted that the Plaintiff lent KRW 10 million to the Plaintiff for the purpose of F enrollment fees, etc. around the summer of 2012; KRW 5 million for the purpose of F enrollment fees, etc.; KRW 12 million for the use of F enrollment fees and mechanical repair expenses around the summer of 2013; KRW 13 million for the purchase of machinery around the summer of 2014; ⑤ KRW 20 million for the purpose of house repair expenses on March 30, 2015; and Defendant B jointly and severally guaranteed the Defendant B’s loan obligations to the Plaintiff. Accordingly, the Plaintiff is jointly and severally liable to pay damages for delay to Defendant B, KRW 60 million, KRW 333,333, and delay damages to the Plaintiff, in accordance with the inheritance shares.
3. Since the defendant B did not dispute the plaintiff's above assertion against the defendant B, the plaintiff's claim against the defendant B is justified.
Therefore, Defendant B is obligated to pay to the Plaintiff 60,000,000 won and damages for delay calculated at each rate of 5% per annum under the Civil Act from November 1, 2015 to August 30, 2019, which is the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
4. Claim against Defendant C and D
A. Defendant C and D’s assertion that the Plaintiff lent a total of KRW 60 million to the Deceased cannot respond to the Plaintiff’s claim.
B. According to the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent KRW 60 million to the Deceased.