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1. The Defendants are jointly and severally liable to the Plaintiff for 38,500,000 won and each year from March 18, 2020 to July 28, 2020.
Reasons
1. Basic facts
A. Upon borrowing KRW 45,00,000 from the Plaintiff, Defendant B paid KRW 3,700,000 to the Plaintiff for the payment of the Plaintiff’s interest amounting to KRW 3,70,000 on the first month (i.e., interest amounting to KRW 30,000,000 for KRW 10,000). Second, Defendant B paid KRW 3,250,000 for each month (i.e., interest amounting to KRW 30,000 for KRW 1,750,000 for KRW 10,000 for interest amounting to KRW 30,000 for KRW 10,000 for 10,000 for 10,000 for 10,000 for 0,000 for 10,000 for 10,000 for 30,000 for ever).
B. The Plaintiff deposited KRW 45,00,000,000 in total, as of October 7, 2019, and KRW 10,000,00 on October 17, 2019, in accordance with the instant loan certificate.
C. Defendant B paid the Plaintiff KRW 6,50,000 in total, including KRW 1,20,000 on November 22, 2019, KRW 1,300,000 on November 30, 2019, KRW 1,000,00 on December 9, 2019, KRW 1,000,00 on December 23, 2019, KRW 1,000,000 on December 23, 2019, KRW 31,000 on December 31, 2019, KRW 1,000,000 on March 17, 2020, and KRW 6,500,000 on KRW 1,00 on March 17, 200.
On November 22, 2019, the Plaintiff urged the Defendants to repay the borrowed money of this case from November 22, 2019.
[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts, Defendant B is obligated to pay to the Plaintiff 38,50,000 won remaining after deducting KRW 6,500,000,000, the principal of which was paid to the Plaintiff, out of KRW 45,000,00 according to the loan certificate of this case (i.e., KRW 45,000 - KRW 6,500,000) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 18, 2020 to July 28, 2020, the duplicate of the complaint of this case was delivered to Defendant B, and from the next day, until the day of full payment, the damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. 2) Defendant B’s assertion on the payment in kind by Defendant B as to the Plaintiff.