손해배상(기)
1. The Plaintiff:
A. Defendant B shall pay KRW 150,000,000 as well as 30% per annum from December 1, 201 to the date of full payment.
1. Determination as to claims against Defendant B and C
A. The Plaintiff was recognized on May 13, 201 and the same year
8. On August 19, 201, Defendant B lent KRW 50,000,000 to Defendant B, and on August 19, 2011, the repayment period of KRW 100,000,000 for Defendant B and the above loans was set as December 30, 201, and the interest was set as 2.5% per month (payment on December 15, 201). In the event of delay in the repayment of principal or interest, the delayed principal or interest was agreed to be paid by adding a delay interest rate of KRW 4% per annum to the delayed principal or interest.
Defendant C guaranteed the above debt of Defendant C within the limit of KRW 120,000,00 on the same day.
2) On August 30, 201, the Plaintiff leased KRW 50,000,00 to Defendant B on December 31, 2011, with the maturity of reimbursement, and the interest and delay damages as above 1) under the same conditions as above. Defendant C guaranteed the Defendant B’s above obligation within the limit of KRW 60,000,000.
3) Defendant B’s each of the above loans (hereinafter referred to as “instant loan”) in arrears with interest on December 1, 2011 is deemed to be “the instant loan” by adding up each of the above loans.
(1) Defendant B and C lost the benefit of the time limit for the debt. [Grounds for recognition] Defendant B and C: deemed confession (Article 150(3) of the Civil Procedure Act, Defendant D Co., Ltd.: the description of evidence No. 1 and the purport of the entire pleadings
B. According to the above facts of recognition, Defendant B is the principal debtor, and Defendant C is jointly and severally liable to pay the Plaintiff the instant loan and the damages for delay thereof within the limit of KRW 180,000,000 in total as a joint and several surety.
However, when the repayment of the loan of this case was delayed with Defendant B, the Plaintiff agreed to add an annual interest rate of 4% to 30% per annum. Since the part exceeding 30% per annum, which is the highest interest rate under Article 2(1) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201), is null and void, the above agreement is valid within the limit of 30% per annum.
On the other hand, according to the above facts of recognition, Defendant C is up to 180,000,000 won in total.