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1. The Defendants are jointly and severally liable to the Plaintiff for 55,339,776 won and 12% per annum from January 1, 2015 to June 2, 2016.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion that: (a) under Defendant C’s joint and several surety, the Plaintiff claimed that: (i) the interest rate of KRW 26,00,000 on January 26, 2010 is 12% per annum; (ii) the amount of KRW 30,000,000 on February 4, 2010; (iii) the amount of KRW 31,50,000 on May 31, 2010; and (iv) the amount of KRW 12,00,000 on August 30, 2010; (ii) the amount of interest of KRW 5,00,000 on April 20, 200; and (iii) the Defendants were jointly and severally liable to receive KRW 30,000,000 on November 27, 2012; and (iv) the remainder of KRW 300,51,200,01.
B. The Plaintiff determined 12% per annum on January 26, 2010 with interest rate of KRW 20 million, KRW 30 million on February 4, 2010, and KRW 100 million on May 31, 2010 with the repayment period of KRW 50 million on December 31, 2011, and was jointly and severally guaranteed by Defendant C with the payment period of the above loan amount on December 31, 2012; thereafter, the Plaintiff was jointly and severally liable to the Plaintiff on April 20, 2012; ② KRW 5 million on June 16, 2012 with interest rate of KRW 30 million on June 17, 2012; and ④ KRW 300,000 on May 27, 2012 with no special obligation to pay the remainder of KRW 300,000 to the Plaintiff.
(A) The Plaintiff’s assertion on this part is without merit, inasmuch as there is no other evidence to acknowledge that the Plaintiff lent KRW 20 million to Defendant B on August 30, 2010 only with the descriptions of the evidence Nos. 1 through 3, and there is no other evidence to prove otherwise. In addition, the Defendants asserted that there was an agreement between the Plaintiff and the Defendants to reduce the interest at a rate of 9% per annum from July 1, 2012, but there is no sufficient evidence to acknowledge it with only the entries of the evidence No. 1, and there is no other evidence to acknowledge it. 2. The Defendants’ assertion is without merit).