대여금
1. The Defendants jointly and severally liable to the Plaintiff KRW 45,032,117, and as to the Plaintiff:
A. As to Defendant B, April 9, 2011
1. Facts of recognition;
A. On February 8, 2011, Defendant B prepared a loan certificate stating that “The maturity of KRW 50,000,000 of the principal shall be agreed on April 8, 201, and the said KRW 50,000 shall be paid in 3.5 million each on March 8, 201 and April 8, 2011” to the Plaintiff, and the Plaintiff deposited KRW 50,000 in the account of reported resources designated by Defendant B.
B. On August 25, 2011, Defendant C prepared a loan certificate stating that “The term of redemption of principal shall be September 6, 201; “The term of redemption of principal shall be the same as that of September 6, 201; shall be KRW 17.5 million shall be paid by September 6, 201, and shall be paid by adding KRW 10 million to the principal when the payment date is made; and shall be paid by adding KRW 10 million to the principal when the payment date is made.”
C. On April 8, 2011, Defendant B deposited KRW 3,500,000 into the account of the Plaintiff’s father’s son and wife.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. (1) With respect to the cause of the claim, the interest rate of KRW 3.5 million per month on the principal amount of KRW 50 million is 7% per month, and the Plaintiff claims the interest on the agreed amount calculated at the rate of 25% per annum, which is the highest interest rate under the Interest Limitation Act. Thus, the agreed interest rate shall be calculated at the rate of 25% per annum.
(2) If there is no agreement on delay damages after the due date in a loan for consumption, the interest rate on delay damages shall be deemed to have been paid even after the due date expires, unless there is a special expression of intention by the parties (see Supreme Court Decision 80Da2649, Sept. 8, 1981); and the following circumstances, which are acknowledged by the evidence Nos. 1 and 2 as follows: (i) the loan certificate prepared by the Defendants to the Plaintiff is a blank space; (ii) the agreement for payment of KRW 3.5 million per month among the special agreement is deemed to have been “3.5 million per month until March 8, 201, KRW 3.5 million until April 8, 201, or KRW 1 and KRW 7.5 million until September 6, 2011,” respectively.