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The Defendants jointly and severally pay to the Plaintiff KRW 50,305,138 as well as KRW 33,400,000 among them, from July 24, 2020.
Reasons
1. Basic facts
A. On August 20, 2017, Defendant B: (a) borrowed KRW 33,400,000 from the Plaintiff as interest rate of 12% per annum; and (b) on February 19, 2018, Defendant B, who delayed the repayment of principal and interest (hereinafter “the instant loan certificate”); (c) drafted and associate with the loan certificate that requires the Plaintiff to pay delayed damages calculated at the rate of 25% per annum; and (d) at the time Defendant C jointly and severally guaranteed the Defendant B’s debt owed to the Plaintiff.
B. Defendant B paid to the Plaintiff interest calculated at the rate of 12% per annum on December 19, 2018 on the principal amount of KRW 33,400,000 of the loan symptoms of this case, and Defendant B did not pay the remainder of the loan principal and interest or delayed damages pursuant to the loan certificate of this case.
【Ground for Recognition: Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, and 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, Defendant B is a principal-free debt holder; Defendant C is jointly and severally liable to the Plaintiff as a joint guarantor for the loan of this case at the rate of 50,305,138 won (=13% per annum from February 20, 2018 to December 19, 2018, the day after the due date of repayment of KRW 33,400,000, which is the day after the due date of repayment of KRW 13% per annum (25% per annum - the due date of delay interest rate of KRW 12%) calculated at the rate of 3,604,45 won from December 20, 2018 to July 23, 2020; Defendant C is jointly and severally liable to pay damages calculated at the rate of 25% delayed interest rate of KRW 13,300,683 from the due date of repayment of the contract to December 20, 2004.
B. As to the Defendants’ assertion, the Defendants agreed to pay the principal amount of the remaining loan amounting to KRW 20,000,000, not to KRW 33,400,000. Unlike the content of the instant loan certificate, there was a mutual agreement between the Plaintiff and the Plaintiff to pay the principal amounting to KRW 20,000,000 and interest or delayed interest thereon. However, the Plaintiff thereafter agreed to pay the interest or delayed interest.