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1. The Plaintiff:
A. Defendant B’s KRW 35,00,000 and interest rate of KRW 27.9% per annum from February 18, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 40,000,000 to Defendant B on February 18, 2013 at an interest rate of KRW 3.25% per month, and on April 16, 2013 on the due date. ② The Plaintiff loaned KRW 10,000,000 on March 26, 2013 at an interest rate of KRW 3.25% per month, and on May 26, 2013 on the due date. Defendant C guaranteed the Plaintiff’s obligation to pay the principal and interest on the loan.
B. Defendant B paid only the principal amounting to KRW 5,00,000 and interest from February 17, 2017 with respect to the above loans, and only the interest from February 25, 2017 to February 25, 2017 with respect to the above loans, and did not repay any interest and principal thereafter.
[Reasons for Recognition] The entry of Gap's evidence Nos. 1 through 7 and the purport of the whole pleadings
2. According to the facts acknowledged by the Defendants’ obligation to repay the principal and interest of the loan, Defendant B is obligated to pay the Plaintiff damages for delay calculated at the rate of 27.9% per annum for the Plaintiff from February 18, 2017 to the date following the date of the final calculation of interest, which is within the agreed interest rate of KRW 35,00,000 of the loan principal and the amount from February 18, 2017 to the date of full payment. Defendant B is jointly and severally liable for joint and several liability, and Defendant C is jointly and severally liable for the payment of damages for delay calculated at the rate of 27.9% per annum for the Plaintiff from February 26, 2017 to the date following the date of final calculation of interest.
As to this, Defendant B: (a) the primary debtor of the loan was Nonparty D; (b) the principal debtor of the loan was Nonparty D with the intent of guaranteeing D’s debt by the due date upon the request of Defendant C; (c) the principal debtor signed and sealed the loan certificate with the intent of guaranteeing D’s debt by the due date; (d) however, the testimony of Defendant B and the witness E alone is insufficient to recognize the fact of the above assertion in light of the fact that the Defendant B voluntarily stated his name in the “the name of the borrower” column of each loan agreement and each loan account statement (Evidence A4 and 5) and the “the name of the borrower” column of each loan agreement and interest account statement (Evidence A4 and 5), and there is no other evidence to prove otherwise.
Defendant B, above 1.