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1. Defendant C shall pay to the Plaintiff KRW 2,249,201 as well as 25% per annum from August 16, 2017 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as a whole in the evidence Nos. 1 and 2, it is recognized that the Plaintiff lent the instant loan to Defendant C on November 30, 2007, KRW 20,000 (hereinafter “instant loan”) and remitted the instant loan to Defendant C’s account in the name of Defendant B, an infant of Defendant C.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff loaned the instant loan to the Defendants under the name of construction cost of Defendant B’s “D” as 2.5% per month, and that the balance of the principal and interest of the instant loan is KRW 38,500,000 as stated in the claim on June 30, 2015, the Defendants jointly and severally liable to pay the Plaintiff the said KRW 38,500,000 and damages for delay.
B. As to the defendants' assertion, the defendants did not borrow the loan of this case from the plaintiff, and the interest of the loan of this case was set at KRW 100,000 per month, and the principal and interest of the loan of this case were all extinguished by the repayment by the defendant C.
3. Determination as to the claim against the defendant B
A. The fact that the Plaintiff remitted the instant loan to Defendant B’s account is as seen earlier, and according to the evidence No. 3, it is recognized that the Plaintiff received the name of “D” from Defendant C at the time of the instant loan.
However, comprehensively taking account of the following circumstances, which can be known from the respective descriptions of Nos. 1, 9, and 10-1 and 2 as well as the overall purport of pleadings, namely, ① the loan of this case was made by only the Defendant C as the borrower, ② the loan of this case appears to have been continuously repaid in the name of Defendant C, ③ the Plaintiff and the Plaintiff appear to have exchanged the opinions on the repayment of the loan of this case with Defendant C continuously, solely based on the facts as seen earlier, the loan of this case was made by the Plaintiff along with Defendant C.