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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from January 1, 2012 to the date of full payment.
Reasons
Judgment
The Plaintiff, upon the introduction of D on June 3, 2010, lent KRW 200 million to Defendant B at the interest rate of KRW 3% per month, due date on September 2, 2010 (hereinafter “instant loan”); and Defendant C agreed with Defendant B to jointly and severally assume the obligation to return the loan to the Plaintiff is recognized as either there is no dispute between the parties, or as set forth in subparagraph 1 through 4.
Therefore, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 30% per annum, which is the interest rate requested by the Plaintiff, within the scope of interest rate provided by the Agreement and the Interest Limitation Act, from January 1, 2012 to the date of full payment, as the Plaintiff seeks from January 1, 2012 to the date of full payment.
Defendant B became aware of D through E, and asserted that Defendant B paid KRW 600,000 per month interest on the instant loan from June 3, 2010 to January 201.
However, E was authorized to receive interest on behalf of the Plaintiff.
Since there is no evidence to confirm the fact that Defendant B paid money to E as above, Defendant B does not accept this part of the defense.
The part paid to D is that Defendant B deposited KRW 5 million each month from February 201 to April 201, 201, KRW 4.5 million each time from May 5, 2011, KRW 7, 2011, and KRW 4.5 million each on October 201, and the fact that the Plaintiff granted D the right to receive the interest of the instant loan does not conflict between the parties, or that the Plaintiff granted D the right to receive the interest of the instant loan is recognized by each entry in subparagraph 1 to 8.
However, the interest or delay damages on the instant loan is calculated at the rate of 30% per annum, which is recognized as effective under the Interest Limitation Act, among the agreed rates, KRW 5 million per month (=20 million per annum x 30% per annum 12 months). Thus, the amount repaid by the Defendant as above is from February 2011 to February 2011 with respect to the instant loan.