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1. The Defendants jointly and severally pay to the Plaintiff KRW 62,440,068 as well as KRW 48,750,000, among them, from November 3, 2017.
Reasons
1. 1 Determination as to the cause of the claim 1) In addition to the purport of the entire pleadings in the written evidence Nos. 1 and 2, the Defendants were paid the Plaintiff on March 8, 2016 on July 7, 2016 and 2.5% of the interest rate per month on July 8, 2016 (monthly).
7. The certificate of borrowing that 50,000,000 won is jointly and severally borrowed (hereinafter “the certificate of borrowing of this case”).
(2) In order to secure the Plaintiff’s obligation under the instant loan certificate, Defendant Kang Ho-ho Co., Ltd. entered into a sales contract with respect to No. 406 on the same day. On March 8, 2016, the Plaintiff paid the Defendants KRW 45,00,00 after deducting the interest for four months based on the instant loan certificate from the amount of KRW 5,000. According to the above facts, the Defendants are jointly and severally liable to pay the Plaintiff the loan under the instant loan certificate and interest thereon. (2) Under Articles 2(1), (4), and 3 of the Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), the amount exceeding the maximum interest rate of KRW 20,000,000 paid to the Plaintiff as the principal of this case’s loan contract, and the amount exceeding the maximum interest rate of KRW 5,05,000,000,000 per annum.