대여금
The Defendants jointly and severally pay to the Plaintiff KRW 91,164,58 out of KRW 99,314,758 and the said KRW 91,164,58.
1.In full view of the facts without dispute, Gap evidence Nos. 1 and 2, and Eul evidence No. 1, the following facts may be acknowledged, respectively, in full view of the purport of the whole pleadings:
A. On October 2018, the Plaintiff served as an employee in Defendant B (hereinafter “Defendant Company”) and Defendant C is the representative director of the Defendant Company.
B. On October 10, 2018, upon Defendant C’s request, the Plaintiff remitted KRW 100 million (hereinafter “instant KRW 100 million”) to the Defendant Company’s deposit account.
(c)
On December 28, 2018, the Plaintiff prepared and received a monetary consumption lending contract (Evidence A No. 2) from the Defendant.
On October 10, 2018, Article 1 (Plaintiff A) of the Credit Agreement for Gold Consumption and Lending the total amount of KRW 100 million to the debtor Eul (Defendant Company) and the debtor Eul borrowed this.
Article 2 (Defendant C) The Joint and Several sureties (Defendant C) confirmed this.
The due date for the repayment of the amounts of money under Article 3 shall be the end of January 2019.
(1) The average interest rate of commercial banks (4%) shall be 6%, and the monthly interest rate shall be paid as wages and interest, along with the prescribed amount monthly interest rate.
(2) When the debtor delays the repayment of principal and interest, he/she shall pay interest on the borrowed amount plus a delay loss with an interest rate of 5%.
2. According to the above facts of determination as to the cause of the claim, the Plaintiff and the Defendant Company entered into a quasi-consumption loan agreement with respect to KRW 100 million on December 28, 2018, and Defendant C jointly and severally guaranteed the Defendant Company’s debt.
I would like to say.
On the other hand, since the Plaintiff received each of the above money in the column for repayment on the basis of interest or profit with respect to KRW 100 million from the Defendant, as requested by the Plaintiff, each of the above money shall be appropriated to the principal prior to the preparation of the monetary consumption lending contract, and after the preparation, the agreed interest rate (10% per annum until January 30, 2019) or delayed compensation rate (10% per annum) specified in the monetary consumption lending contract or delayed compensation rate (10% per annum).