대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff asserts as follows and seeks payment of the principal and interest of each loan claim against the Defendants.
1) On May 31, 2012, Defendant B determined 5% of each interest month, and lent KRW 9,000,000 ( KRW 9,000,000,000 to account transfer, KRW 1,000,000) as of July 31, 2012, the due date for payment was determined as of July 1, 2012, and the amount of KRW 5,000,000 (cash and check delivery) as of April 16, 203 was determined as of May 16, 2013, and the due date was determined as the due date for payment of KRW 6,750,00 (cash delivery) as of August 16, 2014, Defendant D loaned each of the loans to the Plaintiff as of August 16, 2014, respectively.
3) The Defendants paid only interest on the loan obligation as of May 31, 2012, up to September 30, 2014, and up to June 30, 2014 with respect to the loan obligation as of April 16, 2013. The amount claimed by the Defendants, other than that, was appropriated for the Plaintiff’s other loan obligation and the claim for construction cost. (B) The Defendants asserted as follows. (1) On May 31, 2012, Defendant B: (a) borrowed KRW 9,00,000 from the Plaintiff on July 31, 2012, and received KRW 10,000,000 from the Plaintiff after deducting the advance interest; and (b) borrowed money from the Plaintiff on April 16, 2013 and July 16, 2014.
2) On April 16, 2013, Defendant B borrowed money from the Plaintiff on July 11, 2012, and the Plaintiff lost the loan certificate and drafted a new loan certificate on July 16, 2014. Defendant B paid KRW 21,250,000 to the Plaintiff from December 23, 2013 to April 30, 2015, and Defendant B repaid all interest on December 23, 2013.
2. Determination as to the cause of action
A. On May 31, 2012, the part of the 1st contractual interest rate, which exceeds the maximum interest rate under the Interest Limitation Act, is null and void, and the debtor shall pay the said maximum interest rate.