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1. Defendant B: (a) with respect to KRW 48,500,000 and KRW 30,000,000 among the Plaintiff, 20% per annum from August 11, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 21, 2017, the Plaintiff borrowed 30 million won and 24 million won to Defendant B as follows, and received a separate loan certificate for each borrowed amount.
1) The borrowed principal amount of KRW 30 million (hereinafter referred to as “the borrowed principal”).
(1) (1) Interest on February 24, 2021 (2) shall be paid at the rate of 20,000 won per annum from April 10, 201 to 500,000 won every month. (3) Interest payment shall lose the benefit of the time limit when delay is made at once, and shall be made without objection if a creditor requests the principal and interest even before the due date. (2) The principal and interest shall be repaid without objection when a creditor makes a request for the repayment even before the due date. (2) The principal and interest shall be repaid on February 24, 2019. (2) The principal and interest of the borrowed principal shall be KRW 1 million from April 24, 2017 to the 24th day of each month, and interest shall be paid at the rate of 124,000,0000 won per annum 200,000 won per annum.
B. Each loan certificate is written by Defendant B as joint and several sureties, and at the time of preparation, Defendant C did not participate and Defendant C written the name of Defendant C and signed by Defendant C.
C. Defendant B repaid only the interest on the loan No. 1 until August 10, 2017, and Defendant B repaid 5,500,000 won as principal until August 24, 2018 with respect to the loan No. 2.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, the purport of the whole pleadings
2. According to the facts found in the determination as to the cause of the claim, since Defendant B lost the benefit of the time due to delay in the payment of interest, Defendant B is obligated to pay the principal amount of the loan 30 million won and interest interest at the rate of 20% per annum from August 11, 2017 to the date of full payment. As to the loan 2, the remaining principal amount of the loan 18.5 million won and interest are overdue from August 25, 2018 (in calculation, it seems that the principal and interest were overdue from 2017 to the date of full payment, but the principal and interest are recognized as claimed by the Plaintiff).