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1. Defendant B shall pay to the Plaintiff KRW 36,80,000 and the interest rate of KRW 12% per annum from March 18, 2020 to the day of full payment.
Reasons
1. Basic facts
A. Defendant B is a person operating “E” in Osan City D, Defendant C was an employee of “E”, and Defendant B lent to Defendant B a bank account from February 2019 to April 2019.
B. Upon receiving Defendant B’s request for lending, the Plaintiff transferred KRW 39,000,000 to Defendant C’s corporate bank account, ① on March 7, 2019, ② KRW 1,000,000 on March 8, 2019, ③ KRW 28,000,000 on March 13, 2019, and KRW 39,000,000 on total.
C. The Plaintiff received KRW 1,00,000 on March 26, 2019, and KRW 1,200,000 on April 26, 2019, and KRW 2,200,00 in total from Defendant C’s corporate bank account.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (including each number, if any, hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion made a loan of KRW 39,00,000 to the defendants for business purposes at the request of the defendants who jointly run the plaintiff's business. The defendants paid KRW 2,200,000 to the defendants. Thus, the defendants are jointly and severally liable to pay KRW 36,80,000 to the plaintiff and delay damages.
In electively, Defendant C’s lending of the account to Defendant B constitutes a violation of the Act on Real Name Financial Transactions and Confidentiality, and the Defendants’ lending of business funds from Plaintiff to another purpose constitutes fraud.
Therefore, as a joint tortfeasor, the Defendants are obligated to pay 36,800,000 won and damages for delay to the Plaintiff as a joint tortfeasor.
B. According to the above facts of recognition as to Defendant B, the Plaintiff lent KRW 39,00,00 to Defendant B, and Defendant B paid KRW 2,200,000 among them. As such, Defendant B is obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from March 18, 2020 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment.
C. Defendant C.