beta
Text
1. The Defendants jointly and severally agreed with the Plaintiff KRW 49,173,509 and 30% per annum from September 5, 2009 to July 14, 2014.
Reasons
1. Facts of recognition;
A. On April 15, 2009, the Plaintiff borrowed money to the Defendants and was issued three copies of the loan (1) on November 31, 2009; 3.5% of the loan; 2.6,000,000 won due date; 3.5% of the loan; 2.3% of the due date of payment; 3% of the interest rate on December 31, 2009; 3% of the loan; 3% of the loan; 30,000,000 won due date of payment; and 3% of the loan; 3% of the due date of payment; 3% of the loan; interest rate on December 31, 2009; and interest rate on December 31, 2009; and 3.5% of the monthly due date of payment.
B. The Defendants paid the Plaintiff KRW 1,90,00 on April 27, 2009; KRW 3,000,00 on May 15, 2009; KRW 1,90,000 on May 27, 2009; KRW 5,000,00 on May 27, 2009; KRW 300,000 on May 29; KRW 300,000 on June 12, 200, KRW 300,00 on June 12, 200, KRW 00, KRW 9,000 on June 19, 200, KRW 1,90 on June 19, 200; KRW 1,00 on June 5, 200, KRW 9; and KRW 5,000 on May 30, 209; and KRW 5,000 on May 30, 209.
C. Meanwhile, Defendant B filed a petition for bankruptcy with the Seoul Rehabilitation Court 2012Hadan7747 and was declared bankrupt around that time; Defendant B filed an application for immunity with the Seoul Rehabilitation Court 201Do7747 and obtained immunity on July 25, 2018. The aforementioned immunity became final and conclusive on August 14, 2018. The Plaintiff’s claim in the above immunity procedure was not entered in the list of creditors.
[Ground of recognition] Evidence No. 1, Evidence Nos. 1 to 3, and the purport of the whole pleadings.
2. Judgment on the parties' arguments
A. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff at KRW 49,173,509, remaining after appropriation as shown in the attached Table of Repayment, and the interest limit at the time of each of the instant lending agreements (amended by Act No. 1227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”) from September 5, 2009 to July 14, 2014, 30% per annum, which is the maximum interest rate under the contract for the lending of money under the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”), 25% per annum from the following day to February 7, 2018, and the next day to the date of full payment.