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1. Defendant B and C shall jointly pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from March 19, 2015 to the date of full payment.
Reasons
1. The part of the claim against the defendant B and C
A. The facts of recognition are as follows: (a) comprehensively taking account of the overall purport of the pleadings in evidence Nos. 3, 4, 6, and 7 (including the fact that there is no dispute between the parties); (b) the Plaintiff was engaged in money transactions with Defendant B several times from around 1999 to around August 14, 2004; (c) Defendant B borrowed KRW 100 million from the Plaintiff; (d) from August 17, 2004 to August 21, 2014, the Plaintiff was issued a loan certificate with the terms that the Plaintiff promised to pay KRW 50 million until September 10, 2004; and (e) Defendant C, as Defendant B’s wife, to guarantee the obligation of Defendant B to the Plaintiff on the same day.
B. According to the above facts finding as to the cause of the claim, Defendant B and C are jointly obligated to pay to the Plaintiff the remainder of KRW 75,800,000, excluding the remainder of KRW 24,200,000,000, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act for 10 years from September 11, 2004 to September 10, 2014, which is the day following the day when the original copy of the payment order in this case was served to the day when the payment order in this case was served to the day of full payment.
C. Defendant B and C’s defense asserted that all loans borrowed from the Plaintiff were repaid to the Plaintiff.
However, there is no evidence to acknowledge that Defendant B and C repaid the above borrowed money to the Plaintiff, and thus, Defendant B and C do not accept the above defense.
2. The part of the Plaintiff’s claim against Defendant D is the wife of Defendant B and the business registration owner of Defendant E operated by Defendant B, who borrowed the above KRW 100 million with Defendant B while operating the above E together. However, the Plaintiff guaranteed the Plaintiff’s obligation to borrow the above KRW 100 million with Defendant B.