대여금
1. The part of the Plaintiff’s lawsuit against Defendant C regarding the claim for debt acquisition shall be dismissed.
2. The Plaintiff:
A. The Defendants are the defendants.
1. Determination as to the Defendants’ claim for loans on May 9, 2014
A. The Plaintiff, on May 9, 2014, lent 100 million won (hereinafter “instant loan”) to Defendant B on the basis of the interest rate of 3% per month and the maturity of payment on July 9, 2014. At the time, Defendant C and D are jointly and severally and severally guaranteed the Defendant B’s above loan obligation to the Plaintiff. There is no dispute between the parties.
Therefore, barring special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100 million and interest or delay damages calculated at the rate of 30% per annum under the Interest Limitation Act sought by the Plaintiff within the scope of the agreed interest rate.
B. The Defendants asserted that the Defendants paid KRW 70 million out of the borrowed money of this case to the Plaintiff.
The facts that Defendant C paid to the Plaintiff KRW 10 million on October 9, 2014, and KRW 60 million on October 31, 2014 do not conflict between the parties, and there is no assertion that there was an agreement or designation as to the appropriation of debt between the Plaintiff and the Defendants.
Therefore, the above 70 million won is appropriated as indicated below in the order of interest and principal pursuant to Article 479 of the Civil Act. The loan of this case remains at the principal amounting to KRW 44,465,753 as of the date of the final repayment and damages for delay after November 1, 2014 (the plaintiff asserts that the above 70 million won is appropriated for the full repayment of each of the obligations asserted in paragraph (b) of the following 3.3., but the defendant C cannot be said to bear the obligation of the plaintiff as alleged above, so the above argument is without merit).
The Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 44,465,753 as well as damages for delay calculated at the rate of 30% per annum from November 1, 2014 to the date of full payment, which is the day following the date of final repayment.
2. Determination as to the claims against the Defendants relating to insurance premium.