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1. Defendant B’s KRW 33,262,842 as well as the Plaintiff’s KRW 24% per annum from July 10, 2007 to April 18, 2014.
Reasons
1. The plaintiff's assertion
A. A. Around July 2003, the Plaintiff entered into an agreement with D to operate the clothing sales business by investing KRW 40 million each with D and then distribute the profits in 50% each.
B. After doing so, Defendant B asked the Plaintiff to lend KRW 30 million on his own as he requested that the Plaintiff engage in the business of selling D and clothing sales, and the Plaintiff would be provided with the apartment owned by the Defendant B as security, and on August 7, 2003, the Plaintiff set the payment period of KRW 30 million on December 10, 2003 and lent the interest rate of KRW 20 million on December 10, 200.
C. However, as the senior mortgage was established on an apartment that Defendant B provided as security, the Plaintiff requested cancellation of the senior mortgage, the Defendant B demanded more than 4 million won to cancel the above senior mortgage, and the Plaintiff determined and lent an additional KRW 4 million to Defendant B as interest rate of 2% per month without setting the due date.
Afterwards, around August 10, 2003, the Defendants requested the Plaintiff and D to lend KRW 30 million of the operating capital of the clothing selling company, and the Plaintiff and D determined the maturity date of payment of KRW 30 million of the money prepared by the Defendants as its partner funds and the interest rate of KRW 20 million as of September 30, 2003.
E. Therefore, Defendant B is obligated to pay to the Plaintiff the remainder of the principal and damages for delay, excluding the amount of KRW 32,684,958 repaid through the auction procedure for apartments owned by the Defendant B from among the above loans of KRW 34 million as of August 7, 2003 (the additional loan of KRW 30 million) and its interest and damages for delay, and the Defendants jointly and severally leased the loans of KRW 30 million from the Plaintiff and D’s partner loan of KRW 15 million equivalent to the Plaintiff’s share of KRW 50 million from the loans of KRW 30 million as of August 10, 2003 ( KRW 30 million x 1/2), and damages for delay.
2. Determination as to the loan claim on August 7, 2003 against Defendant B
A. On August 7, 2003, the Plaintiff paid KRW 30 million to Defendant B, and Defendant B is the same.