대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 24,00,000 and the interest rate thereon from February 14, 2017 to the date of full payment.
1. According to the provisions on the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing of money is 25% per annum, and the portion exceeding the above maximum interest rate is null and void. In a case where the amount of deduction exceeds the amount calculated according to the above maximum interest rate with the amount actually received by the debtor as the principal, the excess amount shall be deemed as being appropriated for the original (see Supreme Court Decision 2012Da5198, Oct. 11, 2012, Supreme Court Decision 2012Da5198, Oct. 11, 2012).
A. On March 3, 2016, the Plaintiff lent KRW 200,000,000 to Defendant Gangnam Development Co., Ltd. (hereinafter “Ghoho Lake Development”) on a temporary basis on July 31, 2016, to pay KRW 70,000 at the due date for payment (hereinafter “the first loan”).
Defendant Gangnam Construction Co., Ltd. (hereinafter referred to as “Gangho Construction”) jointly and severally guaranteed the first loan obligation to the Plaintiff of Defendant Gangnam Development on the same day.
B. In addition, on November 7, 2016, the Plaintiff agreed to lend KRW 100,000,000 to Defendant Gangwon Development as of December 7, 2016, and paid KRW 90,000,000 after deducting the interest of KRW 10,000 from the above amount to the due date.
(hereinafter referred to as “the second loan,” and the first loan and each loan of this case collectively referred to as “each of the instant loans”). Defendant Gangwon General Construction guaranteed the second loan obligations against the Plaintiff of Defendant Gangwon Development on the same day.
C. Defendant Gangnam Construction Co., Ltd.: (a) the Plaintiff, and KRW 80,000,000 on August 3, 2016; (b)
8. 31. 10,000,000 won, and 10,000,000 won on May 10, 190, and 11.8.10,000,000 won were paid.
(See Attached Table of Appropriation of Performance: Provided, That part of the transfer amount which appears to be a transfer fee shall be excluded).
The plaintiff is a notary public's B office in 2016, which was received from the construction of the defendant Gangwon General.