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Defendant B’s 160,700,000 won and 160,000,000 won among them are 12% per annum from August 1, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On May 10, 2016, the Plaintiff remitted KRW 70 million to Defendant B, and KRW 5 million on August 26, 2018;
8. 27.5 million won was paid.
B. The Plaintiff demanded Defendant B to prepare a loan certificate, and on July 30, 2016, Defendant B prepared and delivered to the Plaintiff a loan certificate with “10 million won for rent, interest per month, and the borrower C and the guarantor as Defendant B.”
(C) The following (hereinafter referred to as “the loan certificate of this case”).
Defendant B paid to the Plaintiff KRW 1 million each month from July 1, 2016 to October 1, 2016, and paid KRW 1.3 million each month from October 28, 2016 to October 2, 2017, and paid KRW 1.5 million each month from November 3, 2017 to August 7, 2018. From September 4, 2018 to December 10, 2018, Defendant B paid KRW 1.6 million each month in total over several times from January 17, 2019 to August 6, 2019.
2.7. and
2.13. 300,000 won, 3.5;
3.11.; and
3.15.Each 500,000 won;
4.17.1 million won;
5.2.2.2 million won;
5.8.4 million won;
6.5.1 million won;
6.14.600,000 won;
7.6.1.3 million won;
7.19.300,000 won;
8.6.1.2 million won was paid.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings
2. Determination:
A. The Plaintiff agreed to pay interest calculated at the rate of 12% per annum from June 10, 2016 when lending KRW 100 million to the Defendants, and the Plaintiff agreed to pay interest calculated at the rate of 12% per annum from May 10, 2016. The Plaintiff agreed to pay interest calculated at the rate of 12% per annum from September 1, 2016 when lending KRW 60 million from the beginning of September 1, 2016.
The Defendants shall jointly and severally pay to the Plaintiff interest of KRW 160,00,000 and KRW 100,000,000 from June 11, 2016, KRW 60,000,000 per annum from October 1, 2016 to the date of full payment.
B. The circumstances revealed in the judgment on the claim against the defendant B, namely, the circumstance that the judgment on the claim against the defendant B was recognized, that is, the plaintiff paid money to the defendant B.