1. The Defendants are jointly and severally and severally liable to Plaintiff A for 287,701,734 won and its corresponding amount from October 19, 2017, and Plaintiff B from 94,85.

Facts of recognition

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a company established for the purpose of real estate sales business on July 15, 2016, and Defendant D, E, and F are employees of the Defendant Co., Ltd.

B. On June 19, 2017, Plaintiff A loaned KRW 300 million to Defendant Company as of June 19, 2017, 3% of the interest month (pre-payment on June 19, 201), and on June 18, 2018, Defendant D, E, and F guaranteed the above loan debt.

C. On June 26, 2017, Plaintiff B loaned KRW 100 million to Defendant Company as of June 26, 2017, 3% of the interest month (pre-payment on June 26, 201), and on June 25, 2018, Defendant D, E, and F guaranteed the above loan obligations.

The Defendant Company paid to Plaintiff A KRW 9 million as interest, and KRW 9 million as of June 19, 2017, ② KRW 9 million as of July 19, 2017, ③ KRW 9 million as of August 21, 2017, ④ KRW 9 million as of September 25, 2017.

E. The Defendant Company paid each of the Plaintiff B KRW 3 million on June 26, 2017, ② KRW 3 million on July 26, 2017, ③ KRW 3 million on August 26, 2017, ④ KRW 3 million on September 26, 2017, ⑤ KRW 3 million on September 26, 2017, and ⑤ KRW 3 million on October 26, 2017.

[Based on the recognition, Defendant Company: (a) there is no dispute over Defendant D, E, and F; (b) each entry of evidence Nos. 1 through 5 (including the serial number); (c) the maximum interest rate under the Act on the Limitation on Interest of the Plaintiffs’ Claims for the purport of the entire pleadings; (d) the maximum interest rate under the Act on the Restriction on Interest of the Plaintiffs’ Claims is 24% per annum; and (e) the Plaintiffs were paid 1% per month by the Defendant Company; and (e) the Plaintiffs were paid 1% interest per month from the Defendant Company; (b) therefore, Plaintiff A would have received the interest of 2-month; and (c) Plaintiff B would have received the interest of 3-month interest.

Therefore, the Defendants should jointly and severally pay the loan of KRW 300 million to Plaintiff A and interest thereon from December 19, 2017, and the loan of KRW 100 million to Plaintiff B and interest thereon from January 26, 2018.

Judgment

A. Article 2(1) and (2) of the Interest Limitation Act; Article 2(1) of the former Interest Limitation Act on the maximum interest rate under Article 2(1) of the former Interest Limitation Act.