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1. The Defendant (Appointed Party) and the Appointed C shall jointly and severally serve as KRW 35,00,000 on the Plaintiff and the Plaintiff from February 19, 2013.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is the Defendant (Appointed Party; hereinafter “Defendant”) on August 7, 2008.
(2) On October 18, 2011, the Plaintiff loaned KRW 35 million to the Defendant with the due date set on August 6, 2009, and the Selection Party C jointly and severally guaranteed the Defendant’s obligation. (2) On October 18, 201, the Plaintiff borrowed KRW 80 million to the Defendant, and was paid KRW 2.4 million per annum as interest on the loan amounting to KRW 15 million until February 18, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
B. According to the above facts of recognition, the defendant and the selected parties C are jointly and severally liable to the plaintiff to pay interest and delay damages at the rate of 5% per annum prescribed by the Civil Act as requested by the plaintiff from February 19, 2013 to December 15 (Appointed C) and December 27, 2014 (Defendant), the delivery date of a copy of the complaint of this case from February 19, 2013, which is the day following the last payment date of interest, to the plaintiff. The interest and delay damages at the rate of 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. The defendant is jointly and severally liable to pay to the plaintiff interest at the rate of 80 million won per annum and delay damages from February 19, 2013 to December 25, 2013, the day following the last payment date of interest.
(A) The Plaintiff asserts that the Plaintiff agreed to pay interest at 36% per annum on the loan amounting to KRW 80 million, but there is no evidence to acknowledge it, and therefore, the Plaintiff’s claim for delay exceeding the above recognition scope is without merit). 2. The Defendant’s claim as to the Defendant’s claim on January 10, 2013, that the Defendant and the appointed party transferred all of the Plaintiff’s debt amounting to KRW 115 million to D and agreed to repay the Plaintiff’s overdue interest amounting to KRW 125 million, including the Plaintiff’s overdue interest, and as D notarized, the Plaintiff’s claim is unjust.
(b).