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Defendant D and Defendant F, jointly and severally, are 42,857,142 won for Plaintiff A and 28,571,428 won for Plaintiff B and Plaintiff C, respectively.
Reasons
1. The plaintiffs' assertion
A. A. The husband of the Plaintiff A died in around 2010, while the father of the other Plaintiffs, G inherited the property of the Plaintiff A 3/7 and the Plaintiff B and C 2/7, respectively (hereinafter “the Deceased”).
B. On August 3, 2016, the Deceased lent KRW 100,000,000 to the Defendants, who had operated their business as of August 3, 2016, without interest agreement, as of February 28, 2027.
(c)
In doing so, the Defendants did not pay the above KRW 100,000,000. Therefore, the Plaintiffs seek a judgment in the same manner as the deceased’s heir stated in the purport of the claim.
2. Determination:
A. According to each of the evidence of No. 1 to No. 3 (including branch numbers) against Defendant D and Defendant F, the fact that the Plaintiff asserted the cause of the claim can be acknowledged.
Therefore, the aforementioned Defendants are jointly and severally obligated to pay to Plaintiff A 28,57,142 won, Plaintiff B, and Plaintiff C each of them, 28,571,428 won, and 5% per annum under the Civil Act from March 1, 2017 to May 19, 2020, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. According to the result of the instant unmanned appraisal, it is insufficient to recognize the fact that Defendant E borrowed KRW 100,000,000 from the Plaintiff solely on the basis of the statement of evidence Nos. 2 and Defendant E, which is similar to that of Defendant E, which is stamped by the name of Defendant E, but is not identical to that of Defendant E, and there is no other evidence to acknowledge such fact.
Therefore, the plaintiffs' claims against the defendant E cannot be accepted.
3. If so, the plaintiffs' claims against the defendant D and defendant F are justified, and the claims against the defendant E are dismissed as it is without merit. It is so decided as per Disposition.