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1. The Plaintiff:
A. As from December 10, 2017, Defendant B’s KRW 36,510,958 and its related thereto:
B. Defendant C shall be KRW 60,000,000; and
Reasons
1. Determination on the claim against Defendant C, D, and F Co., Ltd.
(a) Indication of claims: To be as shown in the reasons for the claims;
B.1) Judgment by service by publication of Defendant D (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act), Defendant C and FF Co., Ltd. (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
2. According to each of the Gap evidence Nos. 1 and 6 (including each number), as to the claims against the defendant B, the plaintiff loaned KRW 7,000,000 on June 23, 2016, and KRW 7,000 on July 29, 2016, and KRW 1,600,000 on August 30, 2016, and KRW 4,400,000 on September 20, 2016, and KRW 3,000,000 on November 23, 2016, and KRW 10,000 on March 20, 2017.
According to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the maximum interest rate under a contract for monetary lending is 30% per annum. The portion exceeding the maximum interest rate under a contract is null and void. If the debtor arbitrarily paid interest exceeding the above maximum interest rate, the amount equivalent to the interest paid is appropriated for the principal, and if the amount deducted in advance by the debtor exceeds the amount calculated based on the above maximum interest rate as the principal, the excess portion shall be appropriated for the principal (amended by Presidential Decree No. 25376, Dec. 15, 2012).
Comprehensively taking account of the overall purport of evidence Nos. 1-9, 6-1 of evidence Nos. 1-1 and 6-1, the Plaintiff lent KRW 6,000,000 to Defendant B on December 16, 2016 without having set the due date for repayment, which was one-month prior to the lapse of 600.