청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the lower court’s acceptance of the judgment of the first instance is that of the first instance judgment, except for the following portions, and thus, it is consistent with the reasoning of the first instance judgment.
2. The phrase “5,000,000 won” in the fifth part of the judgment of the court of first instance in the same sentence is 5,000,000.
Part 6 of the judgment of the court of first instance is not more than 9.
3) Whether the loan obligation secured by the instant notarial deed is extinguished or not) in the following circumstances acknowledged prior to the existence of the principal and interest of the instant loan obligation, namely, the overall purport of the pleadings as a whole, can be acknowledged from November 10, 2016 to October 25, 2017: (a) Plaintiff A paid KRW 10,500,000 to the Defendant with the repayment of the loan obligation from November 10, 2016 to October 25, 2017; (b) in light of the fact that the total principal and interest of the said loan obligation is 7,00,000,000 won for a period of one year and one hundred and fifty percent (150%) of the principal and interest rate of the loan obligation, the principal and interest of the instant loan obligation can be sufficiently estimated to have exceeded the maximum interest rate of 25% per annum under the Interest Limitation Act as follows.
① The primary loan obligation: (a) The interest amounting to KRW 1,00,000, which the Defendant deducted while lending the primary loan, exceeds the interest amounting to KRW 84,932,00 calculated by the rate of 25% per annum between the month from the date of payment for the principal of the loan to November 9, 2016 (including the principal of the loan, as the Plaintiff is deemed to have assumed by the Plaintiff as the principal amounting to KRW 3,940,00,000 received by the Plaintiff); (b) the interest amounting to KRW 84,932,00,000, which is calculated by the rate of 25% per annum from the date of payment for the principal of the loan to November 9, 2016 (=4,00,000 x 0 x 31/365). As such, the Plaintiffs are jointly and severally liable to pay the remainder of the principal amount to the Defendant 1,915,00,000,05.
(2) The secondary loan obligations: The Plaintiffs.