대여금 및 연대보증채무금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 215,00,000 as well as the interest rate from March 29, 2009 to the day of full payment.
1. On December 29, 2008, the Plaintiff entered into a monetary loan agreement with Defendant B to lend KRW 318,000,000 to Defendant B on March 28, 2009 due date, and the overdue interest rate of KRW 12,00,000,00, which is the remainder after deducting fees, fees, interest, incidental expenses, overdue interest, extension fees, etc.
Defendant C and D guaranteed the above loan obligations.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above borrowed money and the damages for delay from March 29, 2009 to the day of full payment, which is the day following the due date.
2. Applicable legal provisions of the Civil Procedure Act and Article 208 (3) 3 of the same Act.
3. According to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; hereinafter “former Interest Limitation Act”) and Article 2(1) of the former Interest Limitation Act on the maximum interest rate under Article 2(1) of the Interest Limitation Act (Presidential Decree No. 20118), the highest interest rate under a contract for lending and borrowing of money is 30% per annum and the portion exceeding that is null and void.
Meanwhile, pursuant to Article 3 of the same Act, where prior deduction of interest was made in advance, if the amount of deduction exceeds the amount calculated according to the highest interest rate under Article 2 (1) by making the amount actually received by the debtor as the principal, the excess amount shall be deemed appropriated to the principal. According to Article 4 of the same Act, the creditor's receipt in relation to lending and borrowing of money regardless of the names such as deposits, discounts, fees, mutual aid money, substitute payments and other titles shall be deemed interest
Of the loan 318,00,000 won, the sum of KRW 30,000,000,000 for the three-month period that occurs until the due date for repayment, the interest rate of KRW 12,00,000,000, interest rate of KRW 8,000,000, interest rate of KRW 48,000,000, and extension fee of KRW 20,000,000 shall be deemed to have been paid to the Plaintiff notwithstanding its title.
Therefore, 15,000,000 = 200,000.