1. The Defendants jointly share KRW 177,670,903 as well as KRW 74,110,958 as well as Defendant B from October 28, 2014 as to KRW 17,670,90.

1. Determination on the cause of the claim

A. In full view of the entries and the purport of the entire arguments as to subparagraph 1, Defendant B, while borrowing KRW 75 million from the Plaintiff on September 16, 2008 (hereinafter “instant loan”), shall pay KRW 2.9 million on September 16, 2009 and by September 16, 2009, and by the 16th day of each interest month. Defendant C guaranteed the Defendant B’s obligation, barring any special circumstance, the Defendants are jointly liable to pay the Plaintiff the instant loan, interest thereon, and delay damages.

(A) The plaintiff is seeking a joint repayment against the defendants, but there is no evidence to prove that the defendant C has jointly and severally guaranteed the defendant C's debt, in addition to the fact that the defendant C has guaranteed the defendant's debt.

Meanwhile, the Plaintiff is a person who received KRW 33,300,000 from the Defendants the total amount of KRW 2.8 million on October 16, 2008, KRW 500,000 on December 3, 2008, and KRW 300,000 on November 13, 2010, and KRW 30,000 on November 30, 201, and KRW 29,000 on December 29, 2011; and KRW 5,000 on January 29, 201; and KRW 33,3,300,000 on April 29, 201. The highest interest rate under the contract on monetary lending is prescribed by Presidential Decree to the extent not exceeding 40% per annum (wholly amended by Act No. 10925, Jul. 25, 2011; hereinafter the same shall apply).

(1) Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; Presidential Decree No. 25376) provides that “The highest interest rate until June 30, 2007 shall be 30% (the maximum interest rate under Article 2(1) of the Interest Limitation Act) per annum (the maximum interest rate under Article 2(1) shall not apply to the instant loan, since the provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act (the partial amendment is made June 11, 2014; Presidential Decree No. 2537

A contract interest, which exceeds the above highest interest rate, is null and void (Article 2(3) of the Interest Limitation Act). In a case where a debtor arbitrarily pays the interest exceeding the highest interest rate, the amount equivalent to the over-paid interest is appropriated for the principal (Article 2(4) of the Interest Limitation Act). Therefore, the above 333 million won interest is interest.