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1. The Defendants jointly and severally agreed to the Plaintiff KRW 125,00,000, and 10% per annum from June 1, 2014 to July 6, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff paid KRW 125 million in total to Defendant B, such as remitting KRW 15 million from the ASEAN’s account and its own account, and paying KRW 10 million withdrawn from D’s account, as shown in the attached monetary transaction statement.
B. On April 30, 2012, Defendant B prepared and delivered to the Plaintiff a certificate of borrowing KRW 61 million with a maturity of May 30, 2014, and the certificate of borrowing KRW 64 million with a interest rate of KRW 10% per annum, and the certificate of borrowing with a maturity of KRW 64 million with a interest rate of 10% per annum, and Defendant C jointly and severally guaranteed Defendant B’s above loan obligations.
【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 3, and 4, and the purport of the whole pleadings
2. Determination
A. According to the facts found under paragraph (1), barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 125 million borrowed money and damages for delay after June 1, 2014, as sought by the Plaintiff, as a result of the due date.
B. The Defendants asserted that the amount of the Plaintiff’s claim is excessive since they repaid the principal and interest of the loan partially to the Plaintiff. However, in light of the statement No. 3-1 and No. 2, there is insufficient evidence to deem that the Defendants repaid the interest calculated at the rate of 10% per annum, the agreed interest rate, and it is reasonable to deem that the principal and interest of the loan already repaid was appropriated for the repayment of the interest or delay damages until May 31, 2014. Therefore, the above assertion is without merit.
3. Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff the loan amount of KRW 125 million and the damages for delay calculated at the rate of 10% per annum from June 1, 2014 to July 6, 2015, which is the delivery date of a copy of the instant complaint, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment. Thus, the Plaintiff’s claim is with merit.