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1. Of the judgment of the court of first instance, KRW 11,237,525 against the Defendants shall be jointly and severally applied to the Plaintiff and the same from June 5, 2006.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff lent KRW 10,000,000 to the Defendant B on December 22, 2005, interest rate of KRW 60% per annum, and due date of September 22, 2006. Defendant C has jointly and severally guaranteed it. The Plaintiff lent KRW 5,00,000 to the Defendant B on December 23, 2005, interest rate of KRW 60% per annum, and due date of payment September 23, 2006. Defendant C may be recognized as joint and severally guaranteed (hereinafter referred to as the “instant loan”).
However, until June 4, 2006, the Plaintiff is the principal of the instant loan with the exception of the amount repaid by Defendant B by June 4, 2006.
According to the above facts of recognition and the Plaintiff’s status, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 11,237,525 won and interest and delay damages at the rate of 30% per annum for the Plaintiff from June 5, 2006 to the date of full payment.
2. Judgment on the defendants' assertion
A. The Plaintiff asserted by the Defendants, when lending KRW 10,00,000 to Defendant B on December 22, 2005, deducted KRW 1,000,000 and KRW 500,000 per single repayment, and deposited only KRW 8,50,000 in Defendant B’s account under D’s name.
Defendant B repaid 15,510,000 won in total to the Plaintiff with the accounts in the name of D, E, and F used by the Plaintiff, and thus, Defendant B repaid all of the instant loans.
B. According to the purport of the Plaintiff’s written evidence No. 2 and the entire pleadings, the Plaintiff deposited KRW 8,500,000 into the Defendant’s account in the name of Defendant B on December 22, 2005, and then transferred several times to Defendant B and E’s account.
However, only with the statements in Eul evidence Nos. 1 and 2, the amount borrowed by defendant Eul from the plaintiff is about 10,000,000 won, deducted the amount of 1,000,000 won for prior interest and 5,000,000 won for a single repayment, and the amount remitted by defendant Eul to F is repaid for the loan of this case.