대여금
1. The Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won and each year from November 5, 2008 to July 14, 2014.
1. Determination as to the loan to Defendant B and the claim for the guaranteed debt against Defendant C and D
A. The following facts are: (a) there is no dispute between the Plaintiff, Defendant C, and Defendant D Co., Ltd. (hereinafter “Co. E”) and the current trade name as of January 14, 2015; (b) or can be acknowledged by comprehensively considering the overall purport of the pleadings as to the entries in Gap’s evidence Nos. 1 through 4, and 7 (including the serial number; hereinafter the same shall apply); and (c) between the Plaintiff and the Defendant B, pursuant to Article 150 of the Civil Procedure Act, the said Defendant is deemed to have led to confession.
1) On January 25, 2008, the Plaintiff loaned KRW 50 million to Defendant B with the due date set as June 15, 2008 (hereinafter “instant loan”) (hereinafter “instant loan 1”).
(2) On July 31, 2008, the Plaintiff agreed to pay interest of KRW 50 million (257% per annum when converting the interest rate into the annual interest rate) in addition to the principal, and Defendant C and D jointly guaranteed the above loan obligations. (2) On April 22, 2008, the Plaintiff set the due date for repayment to Defendant B on July 30, 2008, and lent interest at KRW 20 million per annum (60% per annum when converting the interest rate into the annual interest rate) to Defendant B (hereinafter “instant loan 2”), Defendant C and D jointly guaranteed the above loan obligations.
3) On November 4, 2008, the Plaintiff, Defendant C, and D agreed to set a rate of delay damages for total amount of KRW 70 million from loans granted under Articles 1 and 2 of the instant case at 30% per annum (hereinafter “notarial deeds of this case”) as follows:
was drawn up.
Defendant C and D enter into a joint and several surety and a debt repayment contract as follows with the obligation already borne by Defendant B, the creditor of the notarial deed of debt repayment, etc. to the Plaintiff.
The maximum amount of 70 million won shall be paid as stated in the separate loan certificate, etc. and the payment is delayed due to the delay of payment. Accordingly, the delay damages to accept compulsory execution shall be 30% per annum at the same time after the date.
The joint and several sureties, etc. are already accused B.