대여금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The Plaintiff leased KRW 3,00,000 to the Defendant on March 23, 2009 on the ground of the claim to the Defendant on June 23, 2009 and June 23, 2009 and the interest rate of 6%. The fact that C guaranteed the Defendant’s above loan obligation does not conflict between the parties, or that C guaranteed the Defendant’s above loan obligation, is either acknowledged according to the purport of entry in the evidence No. 1 and all pleadings.
According to the above facts, the defendant is jointly and severally with C to pay the plaintiff the above loans of KRW 3,00,000,000 and damages for delay from March 23, 2009 to February 15, 2019, the delivery date of the complaint of this case, which is 30% per annum under the Interest Limitation Act, which is the maximum interest rate of the above lending date, as the plaintiff seeks, 5% per annum; and from the next day to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the Addenda of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) to the next day of the annual interest rate of Article 3(1) of the former Special Cases Concerning the Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
In this regard, the defendant asserts that the principal and interest of the above loan was paid in installments in 40,000 won a day, but there is no evidence to acknowledge it.
Therefore, the defendant's above assertion is not accepted.
2. The decision of the first instance is justifiable, and the defendant's appeal is dismissed. It is so decided as per Disposition.