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1. Defendant B’s KRW 10,000,000 as well as 5% per annum from January 23, 2013 to September 3, 2014 to the Plaintiff.
Reasons
1. According to each of the statements in subparagraphs 1-1 and 2 against Defendant B, it is recognized that the Plaintiff lent to Defendant B the amount of KRW 5 million on September 2, 2007 and KRW 5 million on October 25 of the same year.
The plaintiff asserts that he lent 2 million won to the defendant B twice without a separate loan certificate, but there is no evidence to acknowledge it.
Therefore, Defendant B is obligated to pay to the Plaintiff 10,00,000 won in total and 20% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day of the delivery date of the original copy of the instant payment order to the day of September 3, 2014, which is reasonable to dispute over the existence and scope of the obligation to perform from January 23, 2013, which is the day following the delivery date of the original copy of the instant payment order, to the Plaintiff.
2. Claim against Defendant C
A. On September 26, 2009, the Plaintiff loaned KRW 3 million to Defendant C at the interest rate of KRW 8% per month and January 26, 2010 on the ground of the claim. There is no dispute between the parties.
Therefore, barring any special circumstance, Defendant C is obligated to pay to the Plaintiff the amount of KRW 3 million borrowed and damages for delay calculated at the rate of 20% per annum from August 3, 2012 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks.
B. Defendant C’s defense of the aforementioned loan and interest thereon is a defense that Defendant C paid the principal and interest of the loan. As such, Defendant C agreed to pay interest at the rate of 8% per month with the Plaintiff, and paid this fund as indicated in the separate sheet of calculation of appropriation amount, there is no particular dispute between the parties.
According to Article 2(1), (3), and (4) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201) and Article 2(1) of the Interest Limitation Act, a contract on monetary lending and borrowing is concluded.