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1. The Defendant’s KRW 34,250,00 for the Plaintiff and KRW 30% per annum from August 23, 2013 to July 14, 2014 and the following day.
Reasons
1. Basic facts
A. On July 29, 201, the Plaintiff: (a) lent to C the amount of KRW 70 million due on September 28, 2011; (b) on August 31, 2011, the due date for repayment of KRW 40 million was November 29, 201; and (c) on October 29, 2011, the interest rate was set at 5% per month; and (d) the Defendant jointly and severally guaranteed each of the above loans to C with respect to the Plaintiff (hereinafter “each of the loans of this case”).
B. The Plaintiff received a total of KRW 75 million from C for the repayment of the principal and interest of each of the instant loans as shown in the attached Form Do sheet, and calculated the amount exceeding 30% per annum, which is the highest interest rate under the Interest Limitation Act, in favor of the Defendant, and appropriated it to the principal of the instant loan, the balance of each of the instant borrowed principal was KRW 9,2250,000 ( KRW 130,000,000). From then to August 22, 2013, the Plaintiff directly recognized the fact that: (a) the balance of each of the instant borrowed principal was KRW 58,00,000,000 in addition to each of the above borrowed principal, which is favorable to the Defendant; and (b) the remainder of each of the said borrowed principal was KRW 3,425,500,000 ( KRW 58,000,000).
[Grounds for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. According to the facts based on the above recognition, the Defendant, as a joint and several surety, is obligated to pay to the Plaintiff the amount of KRW 3,4250,000,000, which is the balance of each borrowed principal of this case, and the damages for delay calculated at the rate of 30% per annum, which is the maximum interest rate prescribed in the Interest Limitation Act, from August 23, 2013 to July 14, 2014, and 25% per annum from the following day to the date of full payment.
As to this, the defendant asserted that C shall pay the amount that C has paid to the plaintiff, unlike the statement in the attached sheet, that it shall be KRW 92,500,000 from August 201 to October 2012, 201, but there is no evidence to acknowledge it. Therefore, the defendant's above assertion is without merit.
In addition, the defendant paid 58 million won to the defendant.