beta
Text
1. The part of the judgment of the first instance, including the claim extended or reduced in the trial, against the Defendants is as follows.
Reasons
1. Facts of recognition;
A. From December 22, 2015 to March 8, 2016, Nonparty B (hereinafter “Defendant Company”) determined and lent a total of KRW 1,183,400,000 at an annual interest rate of 365% as indicated in the “the details of loans and reimbursement” as shown in the attached Form to Nonparty B Co., Ltd. (hereinafter “Defendant Company”). Defendant D jointly and severally guaranteed KRW 250,000,000 among the above loan principal and interest obligations against Defendant Company E on January 7, 2016.
B. The Defendant Company paid to Nonparty E the total amount of KRW 1,086,250,000 from December 22, 2015 to March 22, 2016 with respect to the obligations under the foregoing paragraph (a) and owed to Nonparty E the amount of money repaid by the Defendant Company by applying Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act to the maximum interest rate of Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017) at the rate of 25% per annum, the Defendant Company shall pay the amount of money repaid by the Defendant Company to Nonparty E by applying the maximum interest rate of KRW 126,219,215 as of October 13, 2016 as indicated in attached Form 1(=110,678,711 won with interest balance of KRW 15,540,504).
C. On March 17, 2016, Nonparty D lent KRW 60,000,00 to Defendant D at an annual interest rate of 365%. Defendant D paid KRW 10,000,000 on March 17, 2016, KRW 31,50,000 on March 23, 2016, KRW 1,50,000 on March 25, 2016, and KRW 1,00,000,000 on March 31, 206, and KRW 25% on April 1, 2016, Defendant D’s repayment amount to Nonparty D at an annual interest rate of KRW 1,00,00,000, KRW 1,000 on April 1, 2016, KRW 10,000,000 on the basis of Defendant D’s repayment claim with the interest rate of KRW 25% per annum as indicated in the foregoing paragraph (b).
On August 22, 2016, the Plaintiff received from Nonparty E a claim against “E,” the entire amount of KRW 541,650,000 and its interest that it was not repaid to the Defendant Company from December 22, 2015 to March 16, 2016, as well as KRW 250,000 jointly and severally guaranteed by Defendant D,” and “the total amount of KRW 17,00,000 and its interest that it was not repaid to Defendant D on March 17, 2016” (hereinafter “instant assignment of claim”).