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1. The Defendant’s KRW 7,800,000 as well as 5% per annum from January 4, 2001 to August 26, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 25, 1994, the Plaintiff, upon the Defendant’s loan request, set the loan period from Samsung Life Insurance Co., Ltd. from January 25, 1994 to January 24, 199, as the loan amount of KRW 10,00,000, and interest rate of KRW 14%, and paid the loan to the Plaintiff, and C and D guaranteed the above loan obligations.
B. A joint and several surety C repaid the principal and interest of KRW 11,600,000 to Samsung Life Insurance Co., Ltd., and thereafter filed a claim for reimbursement against the Plaintiff. On October 9, 2000, the Plaintiff transferred the principal and interest of KRW 11,600,000 to C totaling KRW 18,80,000,000. Of them, KRW 11,000,000 was paid by the Defendant E in lieu of the Defendant, and a promissory note was received from E on January 4, 2001, together with the payment promise of KRW 7,80,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 7,800,000 for loans and the interest or delay damages calculated at the rate of 5% per annum under the Civil Act from January 4, 2001 to August 26, 2015, which is the date of the sentencing of this case, and 20% per annum from the next day to the date of full payment.
(A) The Plaintiff asserts that the rate of 24% per annum applied when the Plaintiff repaid the obligation for indemnity to C shall be applied. However, the delayed interest rate stipulated in the loan contract with Samsung Life Insurance Co., Ltd. cannot be deemed to apply to the lending agreement between the Plaintiff and the Defendant, and there is no evidence to find that there was a separate agreement on the interest rate between the Plaintiff and the Defendant, and thus, Articles 397(1) and 379 of the Civil Act apply to the annual interest rate of 5% per annum under Articles 397(1) and 379 of the Civil Act. The Plaintiff additionally claims for all expenses of 2,00,000 won and other expenses of 750,000 won
3. Conclusion.