beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 56,229,508 and the period from May 21, 2015 to February 7, 2018.
Reasons
1. Basic facts
A. On April 15, 2015, the Plaintiff decided to lend KRW 200,000 per annum to Defendant B Co., Ltd. (hereinafter “Defendant B”) at 30% (payment of KRW 5,00,000 per month, and payment on April 20), the lending period from April 20, 2015 to April 20, 2017 (hereinafter “the instant lending contract”). “In the event that interest is in arrears on more than one occasion, the obligee shall immediately pay the entire obligation to the obligor in cash,” and Defendant C drafted a loan certificate stating that the Defendant B’s joint and several liability is jointly and severally guaranteed (hereinafter “the instant borrowing certificate”).
B. On May 20, 2015, Defendant B paid 5,000,000 interest to the Plaintiff once on May 20, 2015, and thereafter did not pay the interest up to the day.
C. On February 16, 2017, the Plaintiff sent a certificate of content to the Defendants demanding the full repayment of the principal and interest of the borrowed amount, and reached the Defendants around that time.
【Ground for Recognition: Each entry and the purport of whole pleadings in Gap evidence Nos. 1 through 5】
2. Summary of the parties’ assertion
A. Plaintiff 1) The Plaintiff lent KRW 200,000,000 to Defendant B on a yearly basis as 30%, and Defendant C jointly and severally guaranteed this, which the Defendants are jointly and severally liable to repay to the Plaintiff. Meanwhile, KRW 5,00,00,00, which Defendant B paid to the Plaintiff at the time, is paid in excess of the limited interest rate pursuant to Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Feb. 8, 2018; hereinafter “former Interest Limitation Act”), which was enforced on the maximum interest rate of Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017; hereinafter “former Interest Limitation Act”). The excess payment should be appropriated to the principal.
3) Accordingly, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 199,16,166 [=200,000,000 - (200,000,000 x 5% x 5% = the agreed rate between the Plaintiff and the Defendant - 30% under the former Interest Limitation Act - 25% / 12)], and the agreed parties or damages for delay. (b) Defendant B (1) is the Plaintiff’s female student and Defendant B’s former employer.