대여금
1. Defendants are jointly and severally liable to pay KRW 47,557,361 and KRW 39,544,374 among them from December 21, 2018 to the date of full payment.
On August 21, 2017, the Plaintiff (former: E) leased KRW 50,00,00 to Defendant C Co., Ltd. at a rate of 21%, overdue interest rate of 27.9%, maturity of payment on August 21, 2019, Defendant C Co., Ltd. jointly and severally guaranteed Defendant C Co., Ltd’s obligations for the above loans; Defendant C Co. lost profits due to the failure to pay interest on loans; Defendant C Co. lost its profits as of December 20, 2018; Defendant C Co., Ltd. lost its profits due to the failure to pay interest on loans; and Defendant C Co., Ltd’s loss of the principal of the loans as of December 20, 2018; KRW 39,54,374, interest; KRW 754,277; and KRW 158,710 remain, or may be recognized by comprehensively taking account of the overall purport of pleadings in the evidence No.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 47,557,361 won and 39,54,374 won among them at the rate of 27.9% per annum, which is the overdue interest rate from December 21, 2018 to the date of full payment.
As to this, the Defendants asserted that the overdue interest rate should be adjusted to not more than 24%, which is the highest interest rate under law, and thus, I cannot accept the Defendants’ assertion since February 8, 2018, since under Article 8(3) and (1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 16089, Dec. 24, 2018) which was applied as of August 21, 2017 by the Plaintiff and Defendant C Co., Ltd. under Article 8(3) and (1) of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 16089, Dec. 24, 2018).
Therefore, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.