beta
Text
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 24,186,712 and as a result, from February 6, 2016 to December 1, 2016.
Reasons
1. Facts of recognition;
A. On May 20, 2010, the Plaintiff lent KRW 30 million to Defendant C.
B. On March 17, 2012 and May 20, 2010, the Defendants, both married and married, agreed to pay KRW 35 million to the Plaintiff by December 30, 2012 (hereinafter “the instant loan certificate”) with respect to the sum of KRW 35 million borrowed from D, the Plaintiff’s mother, including KRW 5 million, prior to May 20, 2010.
C. Since then, the Defendants paid to the Plaintiff KRW 2 million on May 8, 2012, KRW 200 million on June 8, 2012, KRW 200,000,000 on July 14, 2012, KRW 5 million on February 14, 2013, and KRW 11 million on the aggregate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) at the time when the Plaintiff lent KRW 35 million to the Defendants, the Defendants paid interest on the interest, and even if it is difficult to pay the interest calculated on the second part of a month, the amount equivalent to the loan interest of community credit cooperatives that received KRW 30 million to the Plaintiff was agreed to pay as interest. 2) The Defendants jointly and severally liable to pay the Plaintiff the amount equivalent to the loan interest of community credit cooperatives that received KRW 35 million to the Plaintiff. 2) Since May 20, 2010 for the principal amount of KRW 35 million to January 27, 2016, the interest rate of KRW 7.5% per annum from May 20, 2016 to January 27, 2016 was appropriated for KRW 14,939,549, and thus, the Defendants jointly and severally liable to pay the Plaintiff the amount of the loan principal of KRW 35 million and remaining interest KRW 3939,549,939.
B. Since the Defendants’ assertion of interest agreement did not exist, the Defendants paid KRW 11 million to the Plaintiff was fully appropriated for the principal of the borrowed amount.
Therefore, the loans that the Defendants are obligated to pay to the Plaintiff are only KRW 24 million.
3. Examining the entries in Gap evidence Nos. 1 through 5 submitted by the Plaintiff as to whether there was an agreement on the payment of interest at the time when the Defendants drafted a loan certificate to the Plaintiff, this constitutes a loan made on May 20, 2010.