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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 49,630,136 and KRW 44,630,136 among them. From April 19, 2015.
Reasons
Facts of recognition
A. The Plaintiff loaned to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) a total of KRW 50,000,000 on November 25, 2014, and KRW 10,000,000 on December 1, 2014, and KRW 50,000,000 on December 18, 2014 ( + KRW 30,000,000 + + KRW 10,000,000 + KRW 10,000,000 + KRW 10,000,000) on June 30, 2015; and paid KRW 10,000 on December 18, 2014; and paid KRW 10,000 on May 10, 200, and joint and several sureties to Defendant Co., Ltd as a joint and several surety.
B. On January 26, 2015, the Plaintiff: (a) determined on June 30, 2015, the repayment period of KRW 5,000,000 to the Defendant Company as the loan obligations as stated in the foregoing paragraph (a); and (b) lent without specifying interest; and (c) Defendant C guaranteed the above loan obligations against the Plaintiff by the Defendant Company.
[Ground] According to the facts without dispute, Gap evidence Nos. 3 and 7 (which includes the number of branch numbers; hereinafter the same shall apply), and the grounds for the overall argument to determine the purport of the argument, the defendants are jointly and severally liable to pay the plaintiff a loan of KRW 55,00,000 (=50,000,000 + + 5,000,000,000) and interest and delay damages, unless there are special circumstances.
1) The Defendants asserted that the Plaintiff deducted KRW 1,50,000 as the interest, and that the Defendant Company repaid KRW 6,00,000,000, this paper examines the claim. 2) The Plaintiff deducted KRW 1,500,000 as the interest from the final loan to the month from the final loan date.
The provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act concerning the maximum interest rate of KRW 10,000 as to KRW 30,00,000 lent on November 25, 2014 as to KRW 30,000,000 from November 25, 2014; and KRW 10,000 lent on December 1, 2014 from December 18, 2014; and KRW 10,000,000 lent on December 18, 2014 from December 18, 2014 to January 17, 2015, respectively.