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1. Defendant B shall pay the Plaintiff KRW 700,000,000 and the interest rate of KRW 15% per annum from April 1, 2016 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. As to the Plaintiff’s assertion that the Plaintiff lent KRW 100 million to Defendant B around July 9, 2009, KRW 600 million around September 29, 2009, and KRW 700,000,000,000,000 to Defendant B, Defendant B is deemed to have led to the confession of the above assertion in accordance with Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act.
B. If so, Defendant B is liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 1, 2016 to the day of full payment, as requested by the Plaintiff, the copy of the instant complaint, as claimed by the Plaintiff, to the day after the day when the copy of the complaint was served to Defendant B.
(As long as the grounds for the claim for a loan are asserted, no separate determination shall be made on the claim for damages arising from a tort). 2. Determination as to the claim against Defendant C
A. Defendant C, along with Defendant B, borrowed KRW 100 million from the Plaintiff on July 9, 2009, KRW 600 million on September 29, 2009, and KRW 700 million on a total, with Defendant C’s assertion. As such, Defendant C is obligated to pay the Plaintiff the above borrowed amount of KRW 700 million.
B) On July 2009, Defendant C, along with Defendant B, by deceiving the Plaintiff that “I will receive a loan from the Plaintiff’s land as a security, and if D land is developed and sold in a fast container, or if the car goods store located in Seo-gu, Seo-gu, Seoan City (hereinafter “instant car goods store”), I would like to add KRW 100 million to the principal amount, thereby deceiving the Plaintiff to borrow a total of KRW 700 million from the Plaintiff as stated in the foregoing paragraph (a).
Therefore, Defendant C has a duty to compensate for 700 million won as damages caused by deceptive fraud.
C. Defendant B used KRW 50 million out of KRW 700,000 borrowed from the Plaintiff as the expenses for studying the Defendants’ children. Since the above KRW 50,000 falls under the scope of ordinary family affairs, Defendant C is jointly and severally liable with Defendant B for the above KRW 50,000,000 pursuant to Article 832 of the Civil Act.