beta
Text
1. The plaintiff
A. Defendant B shall pay KRW 34,250,000 and a rate of 20% per annum from October 23, 2014 to the date of full payment.
Reasons
1. Basic facts
A. In early 2012, the Plaintiff joined the Defendant C with the premise of marriage, and Defendant C is the mother of the Defendant C.
B. The Plaintiff collected the amount of KRW 50,000,000 with the marriage fund around early 2013. However, upon Defendant B’s request for a monetary loan, the Plaintiff transferred KRW 50,000,000 to Defendant B’s account on February 13, 2013.
C. Since then, Defendant B did not repay the above KRW 50,000,000, the Plaintiff urged the Defendants to repay the said amount. On July 26, 2013, Defendant C promised to pay KRW 20,000,000 out of the above amount to the Plaintiff up to January 1, 2015 (hereinafter “instant reimbursement agreement”), and a notary public drafted and issued a notarized deed of debt repayment contract (quasi-loan for consumption) under the law firm principal deed No. 112, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 6 and 7 evidence 1, 2- each, Gap evidence 4 and 5, and the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1) When the Plaintiff became aware that the Defendants were in custody of 50,000,000 won as the marriage fund, the Defendants were jointly and severally liable to pay the Plaintiff the unpaid amount of KRW 34,250,000 out of the total amount of KRW 50,000,000 and the delayed payment for the aforementioned amount of KRW 50,000,000, as the Plaintiff conspired with the Defendant C by using the fact that they were in custody of the amount of KRW 50,000,000, and acquired it as the borrowed money without the intention to return the said money. As such, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid amount of KRW 34,250,000 among the total amount of KRW 50,000 and the delayed payment for the aforementioned amount of KRW 50,000.
B. Each statement of Gap evidence Nos. 1 and 5 with respect to the primary claim shall be obtained from the plaintiff as the borrowed money without the intent or ability of the defendants to return KRW 50,000,000 in collusion.