대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 105,00,000 and the interest rate thereon from October 12, 2017 to the date of full payment.
1. Comprehensively taking account of the purport of the entire argument in the evidence No. 1 of the judgment as to the cause of the claim, the Plaintiff: (a) settled a monetary transaction relationship with the Defendant B on December 22, 2015; (b) agreed that Defendant B borrowed KRW 15 million from the Plaintiff (hereinafter “instant loan”); (c) and (d) monthly payment of KRW 5 million from January 5, 2018; and (b) determined interest as to KRW 95 million from the above KRW 1.5 million as interest rate on KRW 2%, and interest rate as to KRW 15 million; (c) Defendant C, the mother of the Defendant B, guaranteed joint and several debt obligations against the Plaintiff; and (d) Defendant B did not pay interest after May 7, 2016 to the Plaintiff; and (e) Defendant B had already become due for the repayment of the obligation at present without the date of the closing of argument.
According to the above facts of recognition, it is reasonable to deem that the Defendants lost the benefit of the term for the instant loan. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 12, 2017 to the date following the delivery of a copy of the complaint to the date of full payment.
2. Judgment on the defendants' assertion
A. Defendant B’s assertion argues to the effect that, from March 5, 2012 to January 6, 2016, Defendant B received a total of KRW 308,950,600 from the Plaintiff as the business investment amount of friendly D from the Plaintiff, Defendant B paid a total of KRW 286,071,00, including interest from March 16, 2012 to May 6, 2016, Defendant B paid a partial repayment of the instant loan.
B. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2 and 3 (including additional numbers), the plaintiff shall make up five times each of the five times each of the five times each of which is KRW 2,340,000,000 from January 6, 2016 to May 6, 2016, after the drawing up of the loan certificate of this case from defendant B, from January 6, 2016 to KRW 1,686.