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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30 million and 5% per annum from May 16, 2016 to June 14, 2017.
Reasons
1. The parties' assertion
A. Plaintiff 1) around June 2009, the Plaintiff: (a) from the Defendants around June 2009, the Plaintiff is the husband of D (Death on March 28, 2009, hereinafter “the deceased”).
(2) On July 2007, the Plaintiff borrowed KRW 80 million from the Korea Labor Welfare Corporation’s death to the Defendants for the purpose of paying 1.4 million as interest per month corresponding to the survivor’s pension, and then borrowed KRW 80 million to the Defendants. (2) On July 2007, the Plaintiff additionally lent KRW 40 million to the Defendants.
3) On July 31, 2009, the Plaintiff transferred the amount of KRW 10 million to Defendant B’s account on July 31, 2009, KRW 10 million on July 31, 2009, and KRW 20 million on August 5, 2009, respectively, to Defendant B’s account designated by Defendant B, and lent the amount to the Defendants. 4) The Defendants deposited the amount of KRW 5182 million in Defendant C’s name and KRW 48 million in Defendant B’s name, and repaid the amount of KRW 9820,00 to the Plaintiff.
5) Therefore, the principal to be received by the Plaintiff from the Defendants is KRW 150 million, interest amounting to KRW 117.6 million ( KRW 14 million x 84 months). Since the amount paid by the Defendants to the Plaintiff was appropriated for the interest, the Defendants jointly and severally have the obligation to pay to the Plaintiff the principal amount of KRW 150 million, the interest amount of KRW 1778,000,000 ( KRW 117.6 million - KRW 99.20,000), and the total amount of KRW 167,788,00,000,000,000 won. (b) Defendants 1) The amount borrowed by the Defendants from the Plaintiff is KRW 130,000,000.
Defendant B did not request the Plaintiff to remit KRW 20 million to the account of E on July 31, 2009 and August 5, 2009, and the money that the Plaintiff remitted to E as above is irrelevant to the Defendants.
2) The Defendants promised to pay interest of KRW 1,40,000 per month to the Plaintiff. However, there is no fact that the Defendants agreed to pay interest to the Plaintiff as much as possible. The Defendants paid KRW 1982,00 as interest to the Plaintiff. 3) The Defendants paid the principal amount of KRW 48 million in the name of Defendant B and KRW 32 million in the name of Defendant C.
4 The defendant B shall pay 40 million won to the deceased around 2004.