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1. Of the judgment of the court of first instance, KRW 2,827,927 against the Plaintiff and its related amount from July 21, 2018 to November 14, 2019 against the Defendant.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was that the Defendant borrowed the sum of KRW 10,000,000 in two times from C, each of which is KRW 5,00,000, and the Plaintiff jointly and severally guaranteed the Defendant’s loan obligation.
On February 15, 2018, the Plaintiff paid 4,000,000 won as joint and several surety to C on February 15, 2018. The Defendant is obligated to pay 4,000,000 won as indemnity and delay damages to the Plaintiff.
B. Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 through 3 above, the Defendant: (a) paid KRW 4,700,000 from C to May 12, 2017 (C, after deducting KRW 300,000 as prior interest; and (b) paid KRW 4,70,000 to the Defendant only after deducting KRW 300,000 as prior interest); (c) July 18, 2017; and (d) paid interest at 24% per annum per annum; (c) the Plaintiff jointly and severally guaranteed the Defendant’s debt at the time; (d) the Defendant jointly and severally guaranteed the Defendant’s debt; and (e) the fact that the Plaintiff repaid KRW 7,80,000,00 to C, including prior interest deducted as above, and (e) the fact that the Plaintiff repaid the repayment to C with each of the aforementioned KRW 40,00,000, Feb. 10, 2018.
However, according to Articles 2(1) and 3 of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act, if the Defendant’s repayment amount paid to C as above was made in the order of interest and principal from May 12, 2017 to the first due date due under Articles 477 and 479 of the Civil Act, and if the Defendant’s repayment was made in the order of interest and principal, it shall be deemed that only KRW 2,656,732 of the principal claim of the loan as of July 18, 2017, as indicated in the calculation table of appropriation amount, remains remaining after the last repayment on November 10, 2017, and Article 2(1) of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act, the highest interest rate on the loan of money as of November 7, 2017 to the highest interest rate per annum.