1. The judgment of the court of first instance is modified as follows.

The defendants jointly do so to the plaintiff 25,905,794 won and this.

1. The reasons why this Court shall state this part of the facts of recognition are as follows, and this part of the reasoning of the judgment of the court of first instance is as stated in the part of “1. Recognizing the facts of recognition”. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

▣ 제1심판결문 제2면 제6, 7행 중 “피고 C에게 4,000만 원을 대여하면서 피고 C가 2008. 8. 7.까지 이자를 포함하여 5,000만 원을 변제하기로 약정하고” “피고 C에게 5,000만 원(선이자와 소개비 합계 1,000만 원 포함)을 대여하면서 피고 C가 2008. 8. 7.까지 5,000만 원을 변제하기로 약정하고, 피고 C의 금융계좌로 4,000만 원을 송금하였으며” ▣ 제1심판결문 제3면 제12행 중 “갑 제1 내지 4호증의 각 기재” “갑 제1 내지 4호증, 을나 제2호증의 각 기재”

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion D lent KRW 50 million to Defendant C. As to this, the Defendants and E jointly issued promissory notes with “amount of KRW 50 million, the date of payment, August 7, 2008, the date of issuance, and May 7, 2008,” and the Plaintiff transferred the above promissory notes to the Plaintiff.

Therefore, the Defendants are jointly obligated to pay the balance of the promissory note to the Plaintiff, the assignee, KRW 31,538,984, and delay damages therefor.

B. Determination 1) According to the provisions on the maximum interest rate under Article 2(1), (3), (4), and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; Article 2(1) of the Interest Limitation Act; Article 2(1) of the same Act, the maximum interest rate under a contract for lending and borrowing money is 30% per annum; the contractual interest is null and void; and where the obligor voluntarily paid the interest exceeding the maximum interest rate, the amount equivalent to the interest paid in excess shall be appropriated for the principal, and where the obligor deducts the advance interest in advance, the amount of the deduction shall be the amount actually received by the obligor.