대여금
1. The Defendant shall pay to the Plaintiff 50 million won with 25% interest per annum from July 1, 2016 to the day of full payment.
The facts that the Plaintiff and C have due date for repayment to the Defendant on June 30, 2016 and leased KRW 100 million to the Defendant at a rate of 30% per annum are either disputed between the parties, or acknowledged by the statement in Gap evidence No. 1. In the event there are several creditors, each obligee has the right to equal ratio (Article 408 of the Civil Act) unless there is any special declaration of intention (Article 408 of the Civil Act). The Plaintiff’s loan claims against the Defendant are limited to KRW 50 million (1/2) out of the above loan 100 million amount.
Thus, the defendant is obligated to pay to the plaintiff the above loan amounting to 50 million won and damages for delay calculated by the rate of 25% per annum from July 1, 2016, which is the day following the above repayment period, to the day of full payment, to the day of full payment, within the limit of the limitation of the Interest Limitation Act.
Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.