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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 280,789,861 as well as KRW 125,00,000 among them, from June 19, 2020.
Reasons
1. The Plaintiff loaned KRW 25 million to Defendant B on July 2014, and the Plaintiff and Defendant B agreed to lend KRW 100 million to Defendant B on December 1, 2014, the interest rate of KRW 3% per month and the maturity of payment shall be three months after the date of loan, and the interest rate of KRW 25 million shall be three percent from July 2014, the maturity of payment shall be the same as the above KRW 100 million, and Defendant C agreed to jointly and severally guarantee the Plaintiff’s debt of the above loan (hereinafter referred to as the “instant agreement”), and the fact that the Plaintiff loaned KRW 10 million to Defendant B on December 5, 2014, KRW 50 million from January 5, 2015, KRW 300,000,000 from the date of loan to the date on which the Plaintiff lent the loan to the Plaintiff, and that the Plaintiff did not dispute between the parties to the loan and KRW 165 million from July 25, 2015.
Therefore, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 125 million and KRW 75 million from the date of loan or December 1, 2014 sought by the Plaintiff, and to the remainder of KRW 50 million from January 31, 2015 to the date of full payment, Article 2 of the Interest Limitation Act and Article 2 of the former Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (wholly amended by Presidential Decree No. 28413, Nov. 7, 2017) set off the amount of KRW 1378,00,000 from damages for delay calculated at the rate of 25% per annum for the Plaintiff’s interest rate (wholly amended by Presidential Decree No. 28413, Nov. 7, 2017).
2. The defendants' assertion and judgment
A. The Defendants’ assertion: (a) around March 2015, when the Plaintiff purchased forest land Franchi from Gyeongnam-gun in the purchase price of KRW 90,000,000 from E; (b) Defendant C repaid part of the obligations under the instant agreement by borrowing KRW 25,00,000 out of the amount that the Plaintiff is obligated to pay to E; and (c) interest under the instant agreement.