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1. The Plaintiff:
A. Defendant A, B, and C shall jointly and severally pay KRW 50,803,541 as well as the full payment from December 9, 2014.
Reasons
1. Facts of recognition;
A. On November 6, 2012, the Plaintiff: (a) lent KRW 99 million at an interest rate of 14.9% per annum; (b) 26.9% per annum; (c) repayment period 48 months; (d) monthly repayment of principal and interest per month of repayment method; and (e) on August 8, 2012, the Plaintiff entered into a contract with the deceased to lose the benefit of time when the deceased did not pay the principal, interest, installments, etc. for 30 days continuously from the date of repayment; and (b) lent the deceased KRW 99 million (hereinafter “instant loan”).
B. On July 25, 2014, the Plaintiff entered into a contract with the Deceased to extend the repayment period of the instant loan to 88 months.
C. Defendant A, B, and C jointly and severally guaranteed the deceased’s obligation to borrow the loans.
From December 8, 2014, the Deceased failed to repay the principal of the instant loan from December 8, 2014, and until February 13, 2017, the unpaid principal of the said loan was KRW 50,803,541, and the unpaid interest was KRW 22,73,940.
E. Meanwhile, there are Defendants A, D, and E, who are the wife of the deceased, as the inheritor of the deceased, and the said Defendants approved the inheritance of the deceased.
[Reasons for Recognition]
(a) Defendant A and C: Confession (main sentence of Article 150(1) of the Civil Procedure Act);
(b) Defendant B, D, and E: Facts without any dispute, Gap evidence 1 through 4, 5-1 through 4, 6, and 7, and the purport of the whole pleadings;
2. According to the above facts of determination, as the plaintiff seeks, ① Defendant A, B, and C jointly and severally, calculated at the rate of 26.9% per annum from December 9, 2014, the date following the date of delinquency, to the date of full payment, as well as at the rate of 50,803,541 won of the outstanding principal, out of the instant loans, and damages for delay calculated at the rate of 26.9% per annum from December 9, 2014 to the date of full payment, and ② Defendant D, and E, as inheritors qualified for the inheritance of the deceased, jointly and severally with Defendant A, B, and C, within the scope of the property inherited from the deceased, and jointly and severally with each of them.