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1. The Defendants jointly share KRW 179,194,652 with the Plaintiff, and as to this, the period from March 23, 2019 to June 28, 2019.
Reasons
1. Facts of recognition;
A. On June 14, 2018, the Plaintiff agreed to lend KRW 200,000,000 to Defendant B as of June 30, 2018.
B. Around August 2018, the Plaintiff urged Defendant B to pay the above amount. The Defendants agreed to pay KRW 275,000,000,000 on August 31, 2018 to pay up until September 30, 2018, the Defendants prepared and issued a loan certificate with Defendant B and Defendant C as the guarantor Co., Ltd.
C. On June 14, 2018 and August 31, 2018, there was no agreement as to the interest rate at the time of drawing up the loan certificate. D.
The Plaintiff received reimbursement of KRW 50,000,000 from the Defendants on March 22, 2019.
E. From February 8, 2018, the maximum interest rate of the Interest Limitation Act shall be 24% per annum.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2-2, significant facts to the court, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (1) where interest is calculated at the highest interest rate of 24% per annum under the Interest Limitation Act for 265 days from July 1, 2018 to March 22, 2019, with respect to KRW 200,000,000, which was paid from July 1, 2018 following the date of repayment, the agreed party for the above period is KRW 34,849,315 ( KRW 200,000 to KRW 0.24x 265/365).
(2) If the above KRW 34,849,315 is deducted from the above KRW 50,000,000, the remaining principal is 184,849,315,000, and the remainder is 184,849,315,000 if it is appropriated for the principal.
(3) The Defendants jointly have the duty to jointly pay to the Plaintiff KRW 184,80,00 (the waiver of KRW 49,315) and damages for delay at the rate of 24% per annum under the Interest Limitation Act from March 23, 2019 to the date of full payment, which is the day following the repayment of KRW 50,000,000.
B. (1) According to the above facts of recognition, the Plaintiff appears to have received a loan certificate from the Defendants on July 1, 2018 to September 30, 2018, stating the amount of KRW 75,000,000 as interest, from July 1, 2018 to September 30, 2018. However, the said interest agreement is effective only within the scope of the Interest Limitation Act. As such, the amount that the Defendants are liable to pay to the Plaintiff by September 30, 2018 is the amount that the Defendants are liable to pay to the Plaintiff by September 30, 2018.