대여금
1. Defendant B: (a) KRW 80 million to the Plaintiff and the Plaintiff’s 24% per annum from April 6, 2013 to March 13, 2015; and (b)
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 2 through 5, each statement in Gap's evidence 8, the purport of the whole pleadings);
A. On June 4, 2011, Defendant B issued and delivered to the Plaintiff a promissory note with the face value of KRW 5 million and the payment date September 4, 2011, with a set of two copies of interest per month as the interest rate of KRW 5 million from the Plaintiff.
(hereinafter “instant loan 1”). (b)
On June 14, 2011, Defendant B, who borrowed KRW 20 million to the Plaintiff, prepared and delivered a copy of the loan certificate stating that the repayment will be made on September 4, 2011.
C. Defendant B is the Plaintiff.
No later than January 30, 2012, a letter of loan was drawn up and delivered to KRW 30 million, including the borrowed money as stated in the subsection, to borrow and pay the said money in two copies per month interest.
(hereinafter “instant Second Loan”) D.
On January 30, 2012, Defendant B prepared and delivered a copy of the loan certificate stating that the Plaintiff will repay the amount of KRW 10 million to D collateral security by February 3, 2012.
E. Defendant B: (a) on January 30, 2012, Defendant D’s obligor D from the Plaintiff.
On December 31, 2012, 45 million won, including the borrowed money as stated in the paragraph, was set as 2-month interest rate, 2-year maturity period, and 31 December 2012, 2012, and in this regard, on February 9, 2012, 2000 won at par value and 67.5 million won, and 31 December 2012, 2000, issued promissory notes jointly with D and E and delivered to the Plaintiff.
(F) On April 5, 2013, the Plaintiff received dividends of KRW 17,937,735 from the auction procedure as a mortgagee of the said D’s right.
2. Determination:
A. According to the facts of the foregoing recognition 1, Defendant B, as a borrower, is obligated to pay to the Plaintiff the sum of KRW 35 million in loans 1 and 20 million in total, as joint and several surety, the sum of KRW 35 million in loans 45 million in the instant case, and an agreement of KRW 24% in a year from the respective borrowing date and 24% in interest or delay damages from each borrowing date. The Plaintiff is a mortgagee on April 5, 2013.