beta
Text
1. The Defendant is jointly and severally and severally with C about KRW 28,371,287 and KRW 24,000,000 among them, from August 15, 2018.
Reasons
1. Facts of recognition;
A. On February 9, 2018, the Plaintiff prepared a loan certificate stating “4,00,000 won of loans, February 12, 2018, the date of repayment, April 9, 2018, and 25% per annum from the date of repayment,” and the column for joint and several sureties of the above loan certificate is the signatureer under the name of the Defendant.
B. On February 12, 2018, the Plaintiff remitted KRW 44,000,000 to C, and KRW 6,000,000 to the Defendant.
[Grounds for recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the facts admitted as above and the purport of the entire pleadings, the Plaintiff lent KRW 50,000,000 on February 12, 2018 to C (the confirmation of payment order) with the maturity of payment on April 9, 2018 and the interest rate of KRW 25% per annum, and it is reasonable to deem the Defendant as a joint and several surety.
However, according to Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; Presidential Decree No. 28413, Feb. 8, 2018), the maximum interest rate under the Interest Limitation Act is 24% per annum. Thus, the interest agreement in excess is null and void, and payment cannot be claimed. Thus, the Defendant and the principal obligor, a joint and several surety, jointly and severally, are liable to pay the Plaintiff the remaining principal and interest calculated at the interest rate of 24% per annum and the damages for delay.
B. The fact that C, as interest on February 13, 2018, paid KRW 1,040,000, KRW 6,000,00 as principal on April 9, 2018, KRW 10,000,00 as principal on July 31, 2018, and KRW 27,040,00 as principal on August 14, 2018, and KRW 10,000 as principal on August 14, 2018, the Plaintiff paid KRW 28,371,287 as follows. The Plaintiff’s credit amount is the principal (i.e., KRW 24,00,000, KRW 789,000, KRW 260, KRW 3129,2686, KRW 260) as principal, and damages for delay calculated on the basis of the principal on the basis of the principal.
(B) On February 13, 2018, 200 won paid on February 13, 2018 (from February 13, 2018, the date following the date of lease).