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The defendant shall jointly and severally pay to the plaintiff KRW 46,206,677 and KRW 41,532,867 among them to the plaintiff from November 29, 2018.
Reasons
1. Facts of recognition;
A. On January 9, 2018, the Plaintiff loaned KRW 20,000,00 per month interest, KRW 10% per annum, KRW 27.9% per annum, and maturity of payment on April 9, 2018 (hereinafter “instant first loan”). On March 12, 2018, the Plaintiff loaned KRW 30,000,00 to C with interest rate of KRW 10% per annum, KRW 27.6% per annum, and period of payment on September 12, 2018 (hereinafter “instant second loan”).
B. C paid KRW 2,00,000 to the Plaintiff on March 9, 2018; KRW 2,000,000 on April 9, 2018; KRW 3,000,000 on May 9, 2018; KRW 1,500,000 on May 9, 2018; KRW 1,500,000 on June 13, 2018; KRW 1,500,000 on June 13, 2018; and KRW 1,000,000 on April 20 of the same month.
C. On November 29, 2018, C prepared a letter of payment stating that interest rate of KRW 64,016,00 of the principal of KRW 50 million and interest rate of KRW 50,00,00 in the instant case shall be paid at KRW 5% and February 28, 2019, and that interest shall be paid at KRW 14,016,00 on KRW 14,00. The Defendant signed the letter of payment as joint and several surety on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable with C to pay damages for delay of KRW 46,206,67 and KRW 41,532,867, which are the principal of the loans of this case, as sought by the plaintiff.
[C’s repayment of KRW 12,00,000 to the Plaintiff is as seen earlier. If each of the above repayment amounts is appropriated in the order of interest and principal pursuant to Article 479 of the Civil Act by applying 24% per annum, which is the highest interest rate under the Interest Limitation Act, the interest and principal pursuant to Article 479 of the Civil Act, the amount of KRW 2 million on March 9, 2018 shall be KRW 789,041 (=20,000,000 x 0.0 x 0.24 x 60 days x 60 days x 60 days x 365 days, hereinafter the same shall apply) with respect to each of the above repayment amounts to the Plaintiff.
(1) The loan amount of KRW 1,210,959 (i.e., KRW 2,00,000-789,041) is first appropriated for the principal of the loan amount of KRW 1,210,959 (i.e., KRW 2,00,000).