beta
Text
1. Defendant B shall pay 83,500,000 won to the Plaintiff and 25% per annum from December 31, 2015 to the date of full payment.
Reasons
1. The Plaintiff asserted that the Defendants, mother-and-child, were to loan 18 billion won in total at the interest rate of 30% per annum between November 13, 2013 and March 26, 2015.
Then, on October 20, 2015, Defendant B agreed to pay 8.5.3 million won, which is the remainder of the above loans, to the Plaintiff until December 30, 2015.
Therefore, Defendant B is obligated to pay the Plaintiff the above KRW 8.3 million and its delay damages, and Defendant C is jointly and severally liable with Defendant B to pay the above KRW 3 million out of the above money (one million won which was drawn up with the loan certificate with Defendant C and two million won which was remitted by the Plaintiff to Defendant C’s deposit account) and the damages for delay.
2. Determination:
A. From January 2, 2014 to March 20, 2015, the Plaintiff determined the interest rate of KRW 8.3.5 million on 16 occasions between January 2, 2014 and March 20, 2015, and the Defendant B promised to pay the Plaintiff the said money by December 30, 2015, as there is no dispute between the parties. Thus, the Defendant B is liable to pay to the Plaintiff damages for delay calculated at the rate of KRW 25% per annum, which is the maximum interest rate under the Interest Limitation Act, within the scope of the agreement, from January 2, 2014 to December 31, 2015.
B. 1) Determination as to the claim against Defendant C is based on the Plaintiff’s defense that the Plaintiff repaid the above loan amount to Defendant C, who is the children of Defendant B, as well as KRW 1 million on November 13, 2013, and KRW 2 million on November 18, 2013, without dispute between the Plaintiff and the Defendant C. However, there is no evidence to prove that Defendant C borrowed KRW 8.5 million from the Plaintiff along with the Plaintiff, barring any special circumstance, Defendant C is liable to pay the Plaintiff the above sum of KRW 3 million and delay damages therefrom. 2) As such, Defendant C is a defense that the Plaintiff paid the above loan amount to the Plaintiff, taking into account the overall purport of the pleadings as set forth in the items of subparagraph 1 through 4-4, from December 17, 2013 to February 18, 2014.