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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is governed by the legal brief dated June 8, 2015.
A. The Plaintiff provided Defendant B with loans of KRW 3,50,00 on September 25, 201, KRW 9,600,000 on October 4, 2011, KRW 15,000,00 on October 28, 2011, KRW 4,800,000 on March 6, 2012, KRW 4,800,00 on May 16, 2012, KRW 800,00 on July 34, 200, KRW 800,00 on July 34, 2012, KRW 4,300,00 on August 7, 2012, KRW 60,000 on September 30, 200, KRW 300 on September 10, 201, KRW 30,00 on October 16, 2010 on a joint and several guarantee.
B. From September 23, 2011 to July 11, 2013, Defendant B repaid a total of KRW 60,650,000 to the Plaintiff.
C. If the amount repaid by the Defendant is appropriated for 49% per annum or 39% per annum to the interest and principal under the highest interest rate under the Credit Business Act, the amount that the Plaintiff was to receive from the Defendants as of June 11, 2015 reaches KRW 25,390,800, and the Defendants are separately liable to pay the Plaintiff KRW 13,000,000 and the interest thereon.
2. The judgment of the plaintiff is that there was no agreement on interest and payment period concerning the loan of this case. Thus, unless there is any assertion or proof that the plaintiff made the plaintiff's statement at the date of the second pleading and the third pleading date, and the plaintiff made a peremptory notice of performance within a reasonable period prior to the institution of the lawsuit of this case, the defendants shall be deemed to be liable for delay after the considerable period from the day after the delivery of the copy of the complaint of this case. Thus, the defendants are liable to pay damages for delay at the statutory rate from the date of delay
However, even according to the Plaintiff’s assertion itself, Defendant B paid to the Plaintiff KRW 60,650,00 exceeding the total amount of the instant loan amounting to KRW 58,320,000 prior to the instant lawsuit was filed, and thus, there is no amount to be paid by the Defendants to the Plaintiff.
3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.