대여금
1. The Defendants jointly and severally pay to the Plaintiff KRW 46,397,121 as well as KRW 35,00,000 among them, from January 1, 2014.
Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 2, the Plaintiff paid the principal and interest of the loan to Defendant B and C on August 31, 2010, and the amount of KRW 35 million on December 6, 2010 on a monthly interest rate of 2%. The Plaintiff and the Defendants confirmed that the principal and interest of the loan of this case on December 9, 2010 after the instant loan amount to KRW 78,40,000 as of May 6, 201, and if the Defendants failed to perform the said interest and interest on May 6, 2011, they may recognize the fact that the Plaintiff agreed to transfer the land of Jungwon-gun (hereinafter referred to as “instant land”).
Therefore, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiff the interest or delay damages calculated by the agreement of KRW 70 million and KRW 8.4 million with the agreed interest rate of KRW 8.4 million and KRW 24% per annum from May 7, 2011 to the date of full payment (hereinafter “interest”).
As to this, the Defendants asserted that Defendant D was excluded from joint and several sureties under the agreement between the Plaintiff and Defendant B and C on May 30, 2012, and that there was no interest agreement on the said loan after July 25, 2012.
According to the evidence evidence No. 1, the plaintiff, defendant B, and C related to the loan of this case on May 30, 2012, the plaintiff, defendant B, and C deposited KRW 10 million, which is part of the debt to the plaintiff, into the plaintiff's passbook on May 10, 2012. The plaintiff, defendant B, and C deposited KRW 25 million in the plaintiff's passbook on May 10, 2012. By May 31, 2012, the amount of KRW 25 million shall be paid in addition, and the creation of mortgage on the land of this case shall be cancelled at the time of implementation.
② Defendant B and C sell the land of this case to a third party with the principal of KRW 35 million and interest between the Plaintiff and the principal of the remainder of the obligation, thereby making payment before July 25, 2012.