약정금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s basic facts are determined as KRW 10 million on November 24, 201, and KRW 100 million on November 25, 201 to be KRW 2.5% on the interest per month after the maturity of six months, and lent under Defendant C’s joint and several sureties, and there is no dispute between the parties.
2. The parties' assertion
A. The Plaintiff’s assertion received reimbursement of KRW 20 million as principal on July 17, 2014, KRW 121 million as interest during the period from December 26, 2011 to July 17, 2014, and KRW 20 million as of April 20, 2015.
The Defendants are jointly and severally liable to pay to the Plaintiff the interest of KRW 17,712,328 (i.e., the interest of KRW 79,397,260 on KRW 100 million on the loan of KRW 100 million on November 24, 201 and the interest of KRW 79,315,068 on KRW 100 million on the loan of KRW 100 million on November 25, 201.
B. Defendant B’s assertion 1) paid the Plaintiff a total of KRW 110 million as interest during the period from November 24, 201 to November 18, 2013, including the payment of KRW 10 million as interest to the Plaintiff. Defendant B agreed between the Plaintiff and the Plaintiff on July 17, 2014 that the remainder of interest shall be exempted if the principal and the interest are paid KRW 235 million, and Defendant B paid KRW 235 million to the Plaintiff. Accordingly, Defendant B paid the remainder of interest to the Plaintiff. (2) Defendant C was only a joint and several surety and several surety, and Defendant C was released from the joint and several surety.
3. Determination
A. We examine whether, on July 17, 2014, Defendant B made an agreement between the Plaintiff and the Defendant B to exempt the remainder of interest when Defendant B paid KRW 235 million to the Plaintiff.
In addition to the statements in Gap evidence Nos. 1, 2, and 3-12, Eul evidence Nos. 4 through 7, the following circumstances, which are acknowledged as being added to the whole purport of the pleadings, namely, ① the plaintiff, while lending a total of KRW 200 million to the defendant Eul, set up a right to collateral security of KRW 240 million with respect to the land other than KRW 621m2,000,000,000,000,000 from the defendant Eul, which was paid from July 17, 2014.