대여금 등
Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.
The defendants are the defendants.
1. On February 18, 2014, the Plaintiff: (a) lent KRW 35 million to Defendant B with interest rate of KRW 20% per annum; (b) maturity on April 18, 2014; and (c) Defendant C guaranteed the above loan obligations on the same date; (c) the Plaintiff jointly guaranteed the said loan obligations; (d) KRW 3.5 million to Defendant C on March 14, 2016; and (e) KRW 500,00 to Defendant B on April 27, 2016; and (e) KRW 500,000 (hereinafter collectively referred to as “each of the instant loans”; and (e) each of the above loans was leased without dispute between the parties concerned or recognized pursuant to the purport of each of the evidence and evidence stated in subparagraphs A through 4, and each of the instant loans.
Meanwhile, the Plaintiff is a person who received each payment of KRW 70,00,000 from Defendant B as of September 18, 2014, KRW 860,000 on October 17, 2014, KRW 860,000 on November 18, 2014, KRW 700,000 on December 18, 2014, KRW 15,000 on December 25, 2015, and KRW 10,000 on December 28, 2015 (hereinafter “the instant payment”).
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the first loan except the amount of the instant repayment that the Plaintiff was paid to the Plaintiff, and the amount of delayed damages therefrom; ② Defendant B is jointly and severally liable to pay the second loan of KRW 500,000 and delayed damages; ③ Defendant C is jointly and severally liable to pay the second loan of KRW 3.5 million and delayed damages therefrom.
B. As to the Defendants’ assertion of repayment and its determination 1), the Defendants asserted to the effect that each of the aforementioned changes should be appropriated for the repayment of each of the instant loans, since the Defendants paid to the Plaintiff KRW 600,000 on February 27, 2014, KRW 330,1300,000 on August 26, 2014, KRW 8 million on November 18, 2014, and KRW 1,905,590 on June 1, 2015.
2) According to each of the evidence mentioned above, evidence set forth above, evidence set forth in Gap evidence set forth in Eul and Eul evidence set forth in Eul evidence set forth in subparagraphs 1 through 3, defendant Eul's 60,000 won on February 27, 2014, KRW 330,1300,000 won on August 26, 2014, and June 1, 2015.