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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 90,000,000 and KRW 50,000,000,000.
Reasons
The plaintiff lent 40,000,000 won to the defendants who are married couple to the defendants to be repaid with the above 50,000,000 won without interest, or with interest rate of 18% per annum and interest rate of 18% per annum, and on August 13, 2008, October 24, 2008, and on February 23, 2009, the plaintiff lent 40,000,000 won with interest rate of 10,000 won as well as the above 50,000,000 won without dispute between the parties or with interest rate of 1,3 through 6,9,10,12 (including the virtual number) may be recognized in accordance with each of the items and the whole pleadings.
The Plaintiff is a person who received interest on KRW 50,000,000 from the Defendants until April 13, 2009.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated at the rate of 18% per annum, which is agreed upon from April 14, 2009 to the date of full payment, as to the loan amount of KRW 90,000,000,000, which is calculated by the rate of 18% per annum, from April 14, 2009 to the date of full payment, and from August 21, 2009 to the date of full payment, 5% per annum as stipulated in the Civil Act from August 16, 2018 to the date of full payment, and from the next day to the date of full payment, damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from
The Plaintiff claimed for the payment of damages for delay from April 14, 2009 to August 20, 2009 with respect to the above loan 40,000,000 won. However, as seen earlier, as the repayment period of the above loan claim was set on August 20, 2009, the repayment period of the loan claim amounting to 50,000,000 won was set on August 20, 2009, the above assertion is without merit.
Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.