대여금
1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 307,294,630 and KRW 88,877,563 among them, starting from July 22, 2016.
1. If the purport of the entire pleadings is added to the evidence Nos. 1 through 5 of the judgment as to the cause for the claim, the Plaintiff entered into a loan transaction agreement with the Defendant A on October 22, 2007, with the maturity of KRW 70 million, with the agreed interest rate of KRW 7.4% per annum, and with the delayed interest rate of KRW 19% per annum, with respect to the Defendant A’s joint and several liability; the Plaintiff filed an application for auction as to the Defendant’s real estate; and the Plaintiff received dividends of KRW 695,00 in principal amount and interest of KRW 186,174,00 in the proceeding; the principal and interest of KRW 307,294,630 (the balance of KRW 87,563) as of July 21, 2016 may be acknowledged.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 307,294,630 as of July 21, 2016 and the total amount of KRW 88,877,563 as of the base date for delay calculated by the rate of 19% per annum from July 22, 2016 to the date of full payment.
2. The Defendants recovered the money through the auction procedure, and the interest rate for delay was paid at the highest rate of 19% without prior notice.
No ability to pay shall be available.
The plaintiff is seeking to pay only the balance remaining after the repayment of the money recovered through auction, etc.
The Plaintiff agreed to the interest rate for delay at 19% per annum at the time of a loan transaction agreement.
It is not a legitimate defense merely because it has no ability to pay.
3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.