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1. Defendant C’s KRW 98,958,33 of the Plaintiff and its related KRW 25% per annum from October 1, 2014 to August 26, 2015.
Reasons
1. The Plaintiff’s claim against Defendant C: (a) the interest rate of KRW 100,000,000 per annum between Defendant C on August 1, 2014; and (b) the maturity period for payment.
9. The defendant C paid KRW 95,00,000 to the defendant C an amount obtained by deducting the interest of KRW 5,000,000 from the two-month advance payment on the same day as the agreement to lend the loan with each other on 30.30,000 (hereinafter “instant loan agreement”), and it is deemed that the defendant C led to the confession under Article 150(3) of the Civil Procedure Act.
Meanwhile, according to Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act (wholly amended by Presidential Decree No. 25376, Jun. 11, 2014), the interest rate under the instant loan agreement shall be limited to 25% per annum, which is the highest interest rate under the said provision.
In addition, according to Article 3 of the Interest Limitation Act, when the amount of interest calculated by the creditor in advance exceeds the amount calculated according to the highest interest rate under Article 2 (1) of the same Act by making the amount of interest actually received by the debtor as the principal, the excess portion shall be deemed to be appropriated to the principal. Thus, the loan principal of this case is deemed to be 98,958,333 won (=10,000,000 - [5,000 - (95,000,000 x 0.25 x 0.25 x 12], and the loan principal of this case.
Therefore, Defendant C is obligated to pay to the Plaintiff the interest rate of KRW 98,958,33 of the above loan principal and the damages for delay calculated at the rate of 25% per annum under the Interest Limitation Act from October 1, 2014 to August 26, 2015, as the Plaintiff seeks, and as the Plaintiff seeks, from the next day to the date of full payment, 15% per annum. Thus, the Plaintiff’s claim against Defendant C is reasonable within the above scope of recognition, and the remainder is without merit.
2. Claim against the defendant B
A. The Plaintiff filed a claim based on the instant loan agreement with Defendant B, who was jointly and severally liable with Defendant C, and entered into the instant loan agreement with the Plaintiff, and the instant loan.