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1. Defendant C’s KRW 75 million and the Plaintiff’s 20% per annum from March 28, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Defendants are married, and the Plaintiff and Defendant C are middle and high schools.
B. Around July 24, 2009, the Plaintiff provided D with real estate owned by it as security (the registration of the establishment of a neighboring mortgage was completed on August 31, 2009), borrowed money from D, and remitted 60 million won out of the borrowed money to Defendant B’s account over three occasions from July 24, 2009 to August 12, 2009.
C. Upon the request of Defendant C, the Plaintiff transferred the total amount of KRW 15 million to the account of E Co., Ltd. (F, Dec. 9, 2009; hereinafter “Nonindicted Company”) that Defendant B was registered as the representative director, with the total amount of KRW 9 million on Nov. 30, 2009 and KRW 15 million on Dec. 1, 2009.
(1) On November 29, 2010, the representative director of the non-party company changed from Defendant B to Plaintiff). 【Ground of recognition】 The non-party company did not have any dispute, Gap evidence Nos. 1, 2, 3, and evidence No. 4-4, and the purport of the whole pleadings.
2. The parties' assertion and judgment
A. 1) The Plaintiff: (a) requested financing necessary to establish and operate a non-party company; and (b) lent KRW 60 million to the Defendants by borrowing real estate owned by the Defendants as security to the Defendant’s account; and (c) lent KRW 15 million to the Defendants by remitting KRW 15 million to the Non-party company’s account with the director’s expenses, etc. for the non-party company operated by the Defendants. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the borrowed amount of KRW 75 million and delay damages therefor to the Plaintiff. (b) Defendant B merely borrowed money from the Plaintiff.
Defendant C borrowed KRW 75 million from the Plaintiff, as alleged by the Plaintiff, and on August 30, 2010, transferred the shares of the non-party company that he held in the name of Defendant B to the Plaintiff, and changed the name of the representative director of the non-party company from Defendant B to the Plaintiff.