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Defendant D Co., Ltd. shall pay 103,600,000 won to the Plaintiff and 25% per annum from January 1, 2018 to the day of complete payment.
Reasons
1. From June 21, 2017 to November 23, 2017, the Plaintiff asserted that the Plaintiff lent a total of KRW 112,600,000 to Defendant C on several occasions as 5% interest per month. Defendant B guaranteed the Defendant C’s above loan obligation to the Plaintiff, and Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd”) operated by Defendant C acquired the above loan obligation together.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages from January 1, 2018 to the date of full payment, as claimed by the Plaintiff.
2. Determination
A. According to the overall purport of Gap evidence No. 1 and No. 4 as to the claim against defendant corporation Eul, the plaintiff lent KRW 103,600,000 to the defendant corporation on December 31, 2017 by setting the interest rate of KRW 3% and the due date of repayment as September 30, 2018, and there is no other counter-proof.
However, the Plaintiff additionally lent the amount exceeding the above loans to the Defendant Company.
As to the fact that the Defendant Company acquired the Defendant Company’s obligation to borrow loans together with the Defendant Company’s obligation to the Plaintiff, it is not sufficient to recognize the same only with the entries of the evidence Nos. 1 and 4, and there is no other evidence to acknowledge it.
Therefore, the Defendant Company is obligated to pay to the Plaintiff the interest and delay damages at the rate of 25% per annum (amended by Presidential Decree No. 28413, Nov. 7, 2017) corresponding to the interest limit rate under the Interest Limitation Act out of the above agreed interest rate from January 1, 2018, which is the day following the conclusion of the above contract, to the day of full payment.
B. According to each of the claims filed against Defendant B and C, the Plaintiff remitted total of KRW 112,60,000 to Defendant B eight times from June 21, 2017 to November 23, 2017, and total of seven times from July 29, 2017 to December 30, 2017.