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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate from January 6, 2017 to the day of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. On May 11, 2016, the Plaintiff: (a) lent KRW 20 million to Defendant B on May 11, 2016; (b) on September 10, 2016, the due date for repayment; (c) on July 13, 2016, Defendant B determined KRW 12 million as the interest rate of KRW 24% per annum; and (d) on September 12, 2016, the due date for repayment of KRW 150 million as the interest rate of KRW 100,000,000 to the Plaintiff; (c) the Plaintiff became the joint obligor of the above loan; (d) thereafter, the Plaintiff requested the Plaintiff to additionally lend funds; and (e) the Plaintiff and Defendant B newly borrowed KRW 100,000,000 from the Plaintiff; and (e) on July 13, 2016, the Plaintiff paid KRW 160,000,000,000 to the Plaintiff.
Thus, Defendant B is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 15.6% per annum from January 6, 2017 to the date of full payment.
B. Defendant B’s argument regarding Defendant B’s assertion that the Plaintiff could not respond to the Plaintiff’s claim because the Plaintiff agreed solely on the part of the criminal procedure in which the Defendants filed a complaint, but there is no evidence to acknowledge it. Therefore, the above argument is without merit.
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