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1. The Plaintiff:
A. The Defendants are jointly and severally liable to pay KRW 29,820,000 and the same from April 27, 2018 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. On April 6, 2015, the Plaintiff asserted that the Plaintiff lent KRW 30 million to Defendant C at an interest rate of 3% per month, and Defendant D guaranteed the said debt.
On October 7, 2015, the Plaintiff loaned KRW 40 million to Defendant D at the interest rate of 3% per month.
Therefore, the Defendants are obligated to pay the Plaintiff the money stated in the purport of the claim.
B. (1) On April 6, 2015, the Plaintiff agreed to pay KRW 30 million to Defendant C at a fixed rate of 2% per month and agreed to pay it as soon as possible, and Defendant D has jointly and severally guaranteed the above obligation on October 2015, and the Plaintiff agreed to pay it as soon as possible by lending KRW 40 million to Defendant D on October 7, 2015, and the fact that the Plaintiff agreed to pay it as soon as possible is either not in dispute between the parties or in all the statements in subparagraphs 1, 2, and 2-1 through 3 of the evidence Nos. 1, 1, 1, 2, and 2, and there is no counter evidence.
(2) In full view of the following facts and circumstances, it is reasonable to view that the Plaintiff agreed to pay 30 million won interest per month at the time of lending to Defendant D on October 7, 2015, when comprehensively taking into account the existence of interest agreement on the loan to D, Gap evidence Nos. 2 through 10 (including household numbers), Eul evidence Nos. 1 through 3 (including household numbers), and Eul evidence Nos. 1 through 3 (including household numbers).
① On June 21, 2018, Defendant D submitted an invoice for principal and interest (Evidence B) (Evidence 4) with the statement that “as soon as possible, Defendant D agreed to pay the ordinary interest (legal interest) at the time of rent,” by organizing the interest rate at 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
After that, Defendant D argued that there was no interest agreement in the process of pleading.
② On May 21, 2014, before borrowing the above KRW 40 million, Defendant D agreed to pay interest at 2% per month by borrowing KRW 20 million from the Plaintiff. Since the lapse of one year and five months, Defendant D again agreed to pay KRW 40 million from the Plaintiff.