대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. In light of no dispute between the parties to the determination of the cause of the claim, or comprehensively taking account of the overall purport of the pleadings as to the entries in Gap evidence Nos. 1 through 3, and Eul evidence No. 1, the plaintiff shall lend 50 million won to C on February 12, 2018 at the maturity of payment on April 9, 2018 and interest rate of 25% per annum, and the defendant may recognize the fact that he/she jointly and severally guaranteed the plaintiff's obligation of the above borrowed money to C.
However, according to Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Feb. 8, 2018; Presidential Decree No. 28413, Nov. 7, 2017; Presidential Decree No. 28413, Feb. 8, 2018), since the maximum interest rate on cash lending contract under Article 2(1) of the Interest Limitation Act is 24% per annum, an interest agreement in excess thereof is null and void,
Therefore, barring special circumstances, the defendant is jointly and severally liable with C to pay to the plaintiff 50 million won and interest or delay damages calculated at the rate of 24% per annum.
2. Judgment on the defendant's assertion of repayment
A. According to the aforementioned evidence, C’s repayment of KRW 10,40,00 as interest on February 13, 2018, KRW 6 million as principal on April 9, 2018, KRW 10,000 as principal on July 31, 2018, KRW 10 million as principal on July 31, 2018, ④ KRW 10 million as principal on August 14, 2018, and KRW 1,060,480 as principal on February 7, 2019.
B. Meanwhile, the Defendant asserted that C repaid KRW 1,758,600 to the Plaintiff around February 12, 2018, but it is insufficient to recognize the Plaintiff’s statement in subparagraph 2 alone.
C. The above A.
If each of the payments described in item (a) is satisfied as follows, the Defendant is jointly and severally liable with C to pay to C the sum of KRW 30,148,944 (i.e., KRW 6,148,944) and the principal amount of KRW 24 million, calculated at the rate of 24% per annum from February 8, 2019 to the date of full payment, from February 8, 2019 to the date of full payment.
(1) Interest accrued on the principal of KRW 50 million from February 12, 2018 (the date of loan) to April 9, 2018: 1,873,973 (2). < Amended by Presidential Decree No. 28901, Apr. 10, 2018>