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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 44,00,000 and 30% per annum from March 17, 2008 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. The plaintiff (the plaintiff's assertion) around March 1, 2008 lent KRW 50,000,000 per month to the defendant C with the introduction of the defendant B, and the defendant B jointly and severally guaranteed this around June 2008. Thus, the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 50,000,000 and the delay damages calculated at the rate of 30% per annum, which is the interest rate under the Interest Limitation Act, from March 1, 2008 to the date of full payment.
B. On March 17, 2008, the Plaintiff, upon introduction by Defendant B, agreed to lend KRW 50,000 to Defendant C at an interest rate of KRW 4% per month and three months after the due date for payment, and paid KRW 44,00,000, which deducts KRW 6,000 from the interest on three months prior to the due date, to Defendant B. Defendant B around July 28, 2008, the Plaintiff prepared a letter of commitment that “I, as for the financial transaction (real estate mortgage loan, etc.) with the principal as the former owner, I will make my best efforts to manage the capital, and if there occurs a shortage in collection of claims, I will undertake all the responsibility therefor with the principal’s clear intention.”
[Reasons for Recognition] Defendant B: A without dispute, each entry of evidence Nos. 1, 9, and 14, and the purport of the whole pleadings
C. According to the above facts of recognition, the plaintiff lent money to the defendant C, and the defendant B shall be deemed to have jointly and severally guaranteed the interest. However, in case where the interest exceeding the limit of the Interest Limitation Act is deducted as interest, the debtor is obligated to pay the loan principal at the due date only for the sum of the interest within the limit of the Interest Limitation Act up to the due date. Thus, the defendants are jointly and severally liable to pay to the plaintiff the amount less than the agreed rate of 44,000,000 won which the defendant C received as the actual loan and the interest within the limit of the Interest Limitation Act from March 17, 2008 to the date of full payment.