대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, C borrowed KRW 10 million from the Plaintiff on January 8, 2013 as the maturity date of payment on January 8, 2014, and three copies per month interest (3%). The Defendant guaranteed C’s obligation to the Plaintiff, and D borrowed KRW 2 million from the Plaintiff on August 4, 2015 as the maturity date of payment on December 4, 2015 and as the third (3%) (3%) of interest month, and the Defendant jointly guaranteed D’s obligation to the Plaintiff.
According to the facts found above, the defendant is a joint guarantor of the above loans and the plaintiff as ① KRW 12 million (i.e., the total amount of the above loans (= KRW 10 million), ② the above KRW 12 million, and ② the first interest payment period ( February 8, 2013) to KRW 10 million after the date of payment of interest (the first interest payment period), which the plaintiff seeks from April 9, 2016 to December 21, 2018, the delivery date of a copy of the complaint in this case, within the above agreement and the maximum interest rate under the Interest Limitation Act, 24% per annum to the plaintiff as the joint guarantor of the above loans, and 15% per annum from the next day to the date of full payment, ③ the plaintiff's obligation to claim the interest rate of KRW 12 million from the next day to the date of the first payment of interest rate of KRW 12 million with the maximum interest rate of KRW 2 million,000,0000,000,000 per annum.
2. Judgment on the defendant's assertion
A. The Defendant asserts that C paid to the Plaintiff KRW 450,000 per month from January 2013 to May 2017, 2017 as interest for the loan of KRW 10 million. Of them, C’s obligation to borrow the loan to the Plaintiff upon appropriating the amount exceeding the maximum interest rate under the Interest Limitation Act to the principal.
B. Each of the above facts of recognition and evidence mentioned above, evidence Nos. 3, and evidence Nos. 2, 3, and 4.