beta
Text
1.(a)
Defendant C shall pay to Plaintiff C 11,400,000 won to the Plaintiff Co., Ltd. from January 14, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. Plaintiff B is the representative director of Plaintiff A (hereinafter “Plaintiff A”).
Defendant D is a person who engages in the wholesale business, and Defendant C is a wife of Defendant D.
B. On June 1, 2015, Plaintiff A lent KRW 3,000,000 to Defendant C on June 1, 2015, KRW 1,400,000 on June 10, 2015, and KRW 3,000,000 on June 12, 2015, and KRW 1,000,000 on July 7, 2015, and was repaid KRW 2,00,000 on September 10, 2015.
C. On June 23, 2015, Plaintiff B lent KRW 10,000,00 to Defendant C with interest of KRW 200,000 per month. On August 13, 2015, Plaintiff C received interest of KRW 200,000 from Defendant C.
Plaintiff
B on August 13, 2015, paid KRW 58,000,000 to Defendant C’s account from its own denied E account.
[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings
2. According to the above facts finding as to Plaintiff A’s claim and Plaintiff B’s claim for loans against Defendant C on June 23, 2015, Defendant C is obligated to pay to Plaintiff A delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Settlement of Litigation Costs, etc. from January 14, 2017 to the day of complete payment, which is the day following the delivery of the duplicate of the complaint of this case.
In addition, Defendant C is obligated to pay to Plaintiff B interest or delay damages calculated at the rate of 200,000 per month under the agreement from July 23, 2015 to the date of full payment.
(Plaintiff claimed monthly interest from July 13, 2015, but the Defendant paid KRW 200,000 to the Plaintiff as the monthly interest from June 23, 2015 to July 22, 2015, and thus, the Plaintiff ordered the Plaintiff to pay monthly interest from July 23, 2015). 3. Determination as to Plaintiff B’s primary and conjunctive claims against the Defendants
A. The summary of the claim 1 is that the Defendants, while having no ability to repay the said money even if they borrowed money, shall belong to the Plaintiff B with a loan of KRW 58,00,000.