beta
Text
1. Defendants are jointly and severally liable for 39,200,000 won and 37,000,000 won among them, Defendant B, and C, Inc. on July 31, 2016.
Reasons
1. Facts of recognition;
A. On November 18, 2015, the Plaintiff loaned KRW 48 million to Defendant B at interest rate of KRW 3.5% per month. Defendant B decided to repay the Plaintiff totaling KRW 2 million incurred by the Plaintiff in providing the said loan through a real estate mortgage loan, including KRW 48 million.
B. As Defendant B did not pay the above borrowed amount, Defendant C Co., Ltd. (hereinafter “Defendant C”) whose representative director is Defendant B, drafted a letter of non-performance on June 17, 2016, stating that “The Plaintiff shall pay 52,220,000 won, including interest of 50,000 won of the above borrowed principal, by July 30, 2016, in installments, and pay interest of 3.5% per month when repayment is delayed.”
C. Defendant D, the wife of Defendant B, is also divided into the Plaintiff on June 30, 2016 and repaid KRW 52.2 million by July 30, 2016.
was drawn up a letter of non-performance to the effect that "....."
Defendant D repaid each of the Plaintiff KRW 2 million on June 30, 2016, and KRW 8 million on July 8, 2016.
E. Around August 2016, Defendant B paid the Plaintiff’s hospital expenses of KRW 3 million on behalf of the Plaintiff’s husband, and the Plaintiff and the Plaintiff agreed to appropriate the hospital expenses to repay the principal of the loan obligations.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff with a limit of 25% per annum which is stipulated in the Interest Limitation Act from July 31, 2016 to the day of full payment, and from August 24, 2016 to the day of full payment, Defendant B and C with respect to the remaining principal of the loan (i.e., KRW 50 million - KRW 10 million - KRW 3 million) and the remaining principal of the loan (i.e., KRW 50 million - KRW 50 million - KRW 3 million). Defendant B and C with respect to the Plaintiff within the limit of 25% per annum agreed by the parties concerned, and Defendant D with a copy of the complaint of this case from August 24, 2016 to June 1, 2017, respectively.