대여금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Facts of recognition
From June 15, 2010 to July 9, 2010, the Plaintiff leased KRW 1 billion to Defendant C at the interest rate of KRW 24% per annum and the due date on December 31, 2010. Defendant B guaranteed the Defendant C’s above loan obligation.
From December 13, 2010 to March 22, 2011, the Plaintiff lent KRW 350 million to Defendant B.
After that, on March 24, 2011, the Plaintiff and Defendant B agreed to take over the above loan debt of Defendant C 1 billion won as joint and several debt by Defendant B, and set the interest rate of 24% per annum and the maturity on December 15, 201 with respect to the total amount of KRW 1.35 billion.
On June 15, 2011, the Plaintiff loaned additional KRW 200 million to Defendant B at the interest rate of 24% per annum, and the due date of repayment on June 15, 2012.
[Ground for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including various serial numbers; hereinafter the same shall apply), and the facts of the above recognition as to the plaintiff's claim for the whole purport of the pleadings, barring any other special circumstances, defendant B is obligated to pay damages at the rate of 24% per annum, which is less than the annual rate of 1.5 billion won from the following day of the due date of payment to the date of full payment, to the date of full payment, and to the date of full payment from June 16, 2012 to the date of full payment, to the date of full payment, and to the rate of 1.5 billion won from the following day to the date of full payment to the date of full payment, and to the rate of 2.4% per annum from the following day to the date of full payment to the date of full payment to the date of 2.5 billion won per annum, respectively, to the plaintiff's 2.4% per annum from the next day of the due date of payment.
The summary of the defendants' assertion regarding the defendants' defense is that the defendant C, the plaintiff's husband, paid the above borrowed money to F, the amount of KRW 2.81 billion in face value, instead of paying the defendants' above borrowed money.