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1. Defendant C Co., Ltd. and Defendant D Co., Ltd., and Defendant C Co., Ltd. with respect to each of the Plaintiff KRW 7,000,000 and that of the Plaintiff, July 2014.
Reasons
1. Basic facts
A. On April 30, 2014, E loaned KRW 200,000 to Defendant C Co., Ltd. (hereinafter “C”) under the joint and several guarantee by Defendant B and Defendant D, with interest rate of KRW 60% per annum and due date of payment on June 30, 2014.
Defendant B, along with joint and several sureties, completed the registration of creation of a neighboring mortgage on the apartment owned by E as security for the principal and interest of the loan.
(B) The above loan claims jointly and severally guaranteed by Defendant B are referred to as “the first loan”).
E On the same day as the above lending date, the amount of KRW 110,000,000 to Defendant C with interest rate of KRW 60% per annum, and the due date of repayment of July 15, 2014 was set and lent under the joint and several guarantee of Defendant D.
(2) The loan claims for which Defendant B did not stand as joint and several sureties are not provided. (3)
E On July 30, 2014, under Defendant D’s joint and several sureties, leased KRW 7,000,000 to Defendant C on August 4, 2014 due date.
(hereinafter “third party loan”) d.
The plaintiff shall acquire each loan claim from E, and meet the requirements for setting up against it.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. A request for primary loan;
A. As to the cause of the claim, E, under the joint and several guarantee of Defendant B and Defendant D on April 30, 2014, set the interest rate of KRW 200,000,000 to Defendant C Co., Ltd. at 60% per annum, due date for payment on June 30, 2014, and the fact that the Plaintiff acquired E’s loan claims are as seen earlier.
Meanwhile, Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; enacted on July 15, 2014; hereinafter “former Interest Limitation Act”); Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; hereinafter “the former Interest Limitation Act”) on the maximum interest rate under Article 2(1) of the Interest Limitation Act limits the maximum interest rate on money lending to 30% per annum.
Therefore, the borrower or the borrower under the monetary consumption loan contract.