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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 81,040,650 and KRW 80,000 among them, starting from December 14, 2016.
Reasons
1. Determination as to the cause of claim
A. On November 15, 2014, the Plaintiff lent 80,000,000 won interest to Defendant A at a fixed rate of 6.9% per annum, and the date of repayment within 30 days from the date the Plaintiff demanded. Defendant B, the wife of Defendant A, jointly and severally guaranteed the Defendant A’s obligation (hereinafter the above KRW 80,000,000 from the Plaintiff’s standpoint, and from the Defendants’ standpoint, “the instant loan”).
(2) On July 22, 2017, the Plaintiff filed a claim with the Defendants for the repayment of the instant loan, but did not have been repaid until now.
[Reasons for Recognition: Facts without dispute between the parties; Gap's evidence Nos. 1, 2, 4, 12, and 13; the purport of the whole pleadings]
B. According to the above findings of determination, barring any special circumstance, the Defendants are jointly and severally liable to the Plaintiff for a total of KRW 80,000,000 for the loan of this case and interest of KRW 1,040,650 for the period from May 15, 2016 to July 22, 2016, which is separately calculated by the Plaintiff, and KRW 81,040,650 for the total of KRW 80,040 for the loan of this case ( KRW 80,000 for the loan of this case x 6.9% x 6.9% for the calculation x 1,043,50 for the calculation 69/365, but the amount claimed by the Plaintiff is recognized as 80,000 for the loan of this case ＋ KRW 1,040,650 for the interest of KRW 80,000,000 for the interest of this case as the delivery date of the payment order of this case.
2. Determination as to the defendants' defense
A. The Defendants’ defense 1) Defendant A remitted KRW 23,950,660 to C designated by the Plaintiff and repaid part of the instant borrowed money. 2) The Defendants asserted to set-off operation of the Plaintiff’s Agency under the entrusted operation contract with the Plaintiff. Of these agencies, the Defendants were entitled to receive KRW 38,500,000 for premiums on D points and KRW 77,000 for premiums on E points from the Plaintiff.
Accordingly, the above premium claim against the Defendants against the Defendants is set off against the Plaintiff’s loan claim.