대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
In light of the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 47,144,864 and damages for delay.
(2) As to this, the Defendants asserted that “the time and termination period of the occurrence of interest, the basis that the interest was first appropriated for the repayment of principal, and the basis that the interest rate in arrears was 25%” is not clear.
If the purport of the entire pleadings is added to each of the statements in evidence Nos. 3, 8, 11, and 12, the rate of damages for delay as stipulated in the credit transaction agreement between the defendant company and the plaintiff is 25%, and the calculation details of the agreed interest and overdue interest until August 26, 2011 are as listed in the following table. It is recognized that the plaintiff first appropriated the dividends as seen earlier on August 26, 201 in the order of appropriation under Article 14 of the Regulations on the Payment of Overdue Wages and Overdue Loans in the Savings Bank.
Therefore, the defendant's above assertion is without merit.
The interest rate on the balance of the divided loan * the interest rate of 2,800,000,000 from June 03, 201 to October 03, 2011, 201.07.02, 23,013,013,698 overdue interest rate of 2,80,000,000 to October 03, 2011, 25% 105,479,452 combined total 2,80,000,000,128,493,150 principal and interest of 2,928,493,493,493,150
3. Judgment on the defendants' defense of set-off
A. The defendants' defense of set-off is defense that the defendant company has the right to claim the return of unjust enrichment against the plaintiff, which offsets the plaintiff's claim against the plaintiff's automatic claim.
(1) The Defendants asserted that the Plaintiff obtained unjust benefits because they did not dispose of the loss of interest within the period of December 2010. The specific contents of the Defendants’ assertion are as follows.
Around December 2010, the Defendant Company notified the Plaintiff that overdue interest pursuant to the Credit Information Management Rules was registered by failing to pay the loans owed to another bank. The Plaintiff is the borrower pursuant to Articles 121-2(1) and 125-4 of the Savings Bank Loan Regulations.