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1. As to KRW 91,520,00 and KRW 60,000 among the Plaintiff, Defendant B shall be from April 14, 2015 to October 12, 2015.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. On June 25, 2007, the Plaintiff asserted that the Defendants lent KRW 50,000,000 to the Defendants, but failed to pay the principal and interest properly, and the Plaintiff agreed to receive the payment of KRW 60,00,000 with the Defendants in installments from November 26, 2010, but did not comply therewith.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest of KRW 91,520,000 up to April 13, 2015 as well as damages for delay from April 14, 2015 to the date of full payment.
B. In full view of the overall purport of the pleadings in the statement in Gap evidence Nos. 1 through 11 (including branch numbers), the plaintiff lent 50,000,000 won to the defendant Eul on June 25, 2007 with interest rate of 12% per annum. Since then, the plaintiff who did not fully pay the principal and interest of the above loan after July 2010, if the defendant Eul did not pay the principal and interest of the above loan, the plaintiff paid 60,000,000 won to the defendant Eul around July 26, 2010 and paid 10,000,000 won each month from the following month, and if so, it is recognized that the plaintiff did not pay the above loan to the plaintiff after the delivery of the above repayment agreement.
According to the above facts of recognition, interest rate of KRW 60,00,000 under the above repayment agreement and interest rate of KRW 31,541,917 [x 12%x (4139/365%) calculated by the Plaintiff within the total sum of KRW 91,520,00 among the agreed amount of KRW 60,000,000 and KRW 60,000,000,000,000 from April 14, 2015 to October 13, 2015, as stipulated in the above repayment agreement] set forth in the above repayment agreement, shall be 31,541,917, under the aforementioned agreement, and the agreement shall be 15% from the day following the day of delivery of a duplicate of the complaint in this case to the day of full payment, and 12% of the annual interest rate of KRW 15,50,00,000 as stipulated in the agreement.