양수금
1. The Defendants jointly and severally pay to the Plaintiff KRW 43,537,711 as well as KRW 38,420,237 among them, from August 19, 2015.
1. Facts of recognition;
A. On April 19, 201, Aju Capital Co., Ltd. (hereinafter “Aju Capital”) granted a loan to Defendant A by setting the loan principal of KRW 42,00,000, interest rate of KRW 23.9% per annum (Annual interest rate of KRW 29%) and the loan period of KRW 42 months, and Defendant B guaranteed the said loan by joint and several surety.
(hereinafter “instant loan agreement”). B.
When Defendant A was in arrears in paying the above loans, it filed a complaint against Defendant A, and the instrumental Capital and the Defendant agreed to pay the principal and interest in installments as follows. As the instrumental Capital and the Defendant agreed to pay the principal and interest in installments, the instrumental Capital withdrawn on March 27, 2013.
C. On March 22, 2013, Aju Capital and the Defendants agreed to change the loan principal amount of KRW 38,65,745, KRW 10,826,689, KRW 165,970 (i.e., principal amount of KRW 1,015,60, KRW 150,370), interest rate of KRW 23.9%, and damages for delay rate of KRW 29%.
On March 5, 2014, Aju Capital transferred all of the principal and interest of loans, etc. according to the loan agreement of this case against the Defendants to the Plaintiff, and notified the Defendants thereof.
E. A claim based on the instant loan agreement, which was settled as of March 5, 2014, is KRW 43,537,711 (i.e., the balance of the loan principal at KRW 38,420,237, and KRW 5,117,474).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 19, 2015 to the date of full payment, which is obviously 15% following the date of the final delivery of the copy of the instant complaint, as sought by the Plaintiff, after losing the benefit of time due to the total amount of 43,537,711 won and its 38,420,237 won.
3. In conclusion, the plaintiff's respective claims against the defendants are justified, and it is ordered to accept all of them.