1. Defendant C’s KRW 11.5 million and its relation to the Plaintiff’s KRW 5% per annum from April 23, 2016 to July 6, 2017.

1. Determination as to the claim against Defendant C

A. From July 28, 2014 to November 8, 2014, the Plaintiff lent money to Defendant C without setting the due date and interest.

After that, the Plaintiff demanded the return of the above loan to the above Defendant, and the above Defendant repaid part of the loan to the Plaintiff, and as of April 22, 2016, the loan principal that the Plaintiff was not repaid from the above Defendant is KRW 1,50,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, and 5, the purport of the whole pleadings

B. 1) According to the above facts of recognition, Defendant C is obligated to pay the Plaintiff the above loan balance of KRW 11.5 million and damages for delay. 2) The Plaintiff asserted that at the time of lending the above amount, the Plaintiff agreed with Defendant C to pay interest within the maximum interest rate under the Interest Limitation Act by setting the due date after one month. However, there is no evidence to acknowledge this.

In addition, the Plaintiff asserts to the effect that the said monetary transaction should be applied to the commercial interest rate on the premise that it is an auxiliary commercial activity. However, there is no evidence to deem that the said monetary transaction is “for business purposes by merchants” under Article 47(1) of the Commercial Act.

The plaintiff's above arguments are without merit.

3. Therefore, Defendant C is obligated to pay to the Plaintiff the amount of KRW 11.5 million and the amount of delay damages at each rate of KRW 15% per annum as stipulated in the Civil Act from April 23, 2016, which is the date when the Plaintiff demanded repayment, to the effect that the dispute over the existence and scope of the above Defendant’s performance obligation is reasonable until July 6, 2017, which is the date when the said judgment is rendered, and the amount of delay damages at each rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the date when the repayment is made

2. Determination as to the claim against the defendant B

A. On August 1, 2014, the Plaintiff asserted that Defendant B jointly and severally guaranteed the Defendant C’s above loan obligation, but subparagraph 1 and subparagraph 3-1 and 2-2 of the evidence.