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1. Defendant B’s ratio of KRW 200,000,000 as well as the annual rate of KRW 30% to the day of full payment from July 15, 2014 to the day of full payment.
Reasons
1. In full view of the overall purport of the arguments in Gap evidence Nos. 1 (Evidence No. 1, No. 200 million won defense that this document was made by the plaintiff's coercion), and No. 4 (Evidence No. 2) as to the claim against defendant B, the plaintiff can be acknowledged as having lent KRW 200 million to defendant B at the interest rate of 30% per annum and March 4, 2006, and there is no counter-proof.
As to this, Defendant B raises a defense to the effect that, by paying the Plaintiff a total of KRW 71.6 million, Defendant B paid part of the principal of the loan.
According to the evidence No. 4, Defendant B paid the Plaintiff KRW 62,80,000,000 from April 30, 2004 to March 12, 2012, as shown in the attached Table, to the account in the Plaintiff’s name. However, it is difficult to deem that Defendant B paid the said money to the Plaintiff solely on the above facts. Defendant B paid the Plaintiff KRW 62,80,000,00 to the Plaintiff.
However, as seen earlier, insofar as the Plaintiff agreed to borrow KRW 200 million from the Plaintiff to pay interest at a rate of 30% per annum ( KRW 5 million per month), it is reasonable to deem that the above KRW 62.8 million was fully appropriated for the interest on the principal of the instant loan. Therefore, Defendant B’s above assertion is without merit.
Therefore, Defendant B is obligated to pay damages for delay at the rate of 30% per annum, which is the agreed interest rate, from July 15, 2014 to the day of full payment, to the day following the day of delivery of the original copy of the instant payment order, to the Plaintiff, as the loan 200 million won and the day after the due date.
2. The Plaintiff asserted that Defendant C had jointly and severally guaranteed the principal and interest obligation of KRW 200 million against the Plaintiff, who is the husband, around May 2004 (or around March 5, 2006), and that Defendant C signed the Defendant C’s signature, which is the wife, on March 5, 2004, based on the overall purport of the evidence revealed earlier.