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1. The Defendants are jointly and severally liable to the Plaintiff for 46,836,804 won and 24% per annum from December 13, 2018 to the date of full payment.
Reasons
1. The Plaintiff, on June 12, 2018, lent KRW 50 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the maturity of payment on December 12, 2018 and KRW 1,500,000 per annum (36% per annum). At that time, Defendant C jointly and severally guaranteed the Defendant Company’s obligations.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings
2. According to the above facts finding as to the Plaintiff’s cause of claim, the Defendants are jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 50 million and interest or delay damages, unless there are other special circumstances.
3. Judgment on the defendants' assertion
A. The summary of the claim is as follows: (a) the Defendant Company paid a total of KRW 1.1 million as interest during nine months from March 22, 2019 to March 22, 2019; (b) the interest paid in excess of the highest interest rate under the Interest Limitation Act should be appropriated for the principal; (c) the Defendant Company paid a total of KRW 9 million to the Plaintiff on six occasions from June 12, 2018 to December 12, 2018, as indicated in the separate statement of calculation of appropriation amount; and (d) if the agreed interest and principal are appropriated in the order of the highest interest rate under the Interest Limitation Act among the agreed interest rates, the said loan remains effective from December 13, 2018 as indicated in the above table.
Therefore, the defendant company's assertion is justified within the above scope of recognition.
Furthermore, Defendant Company asserted that it paid KRW 11 million to D, including KRW 2.1 million, remitted on March 22, 2019, to the Plaintiff’s father’s father, but it is insufficient to recognize that the said money paid to D solely with the statement in Eul’s evidence No. 1, was an interest on the said loan, and there is no other evidence to prove that Defendant Company paid KRW 10 million to the Plaintiff in excess of the above recognized amount.
Therefore, the defendant company's assertion that exceeds the above scope of recognition.