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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,347,393 as well as the interest rate from March 28, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Defendants borrowed KRW 40 million from D on November 28, 2016 at the interest rate of 9% per month, and Defendant B and Defendant C were the primary debtor and Defendant C as joint and several sureties.
B. On November 29, 2016, Defendant C remitted KRW 36.4 million to Defendant B’s deposit account in the name of Defendant B, and Defendant C transferred KRW 3.6 million to D’s deposit account in the name of Defendant B, respectively.
C. On July 30, 2017, the Plaintiff concluded a transfer agreement with D on the said loan claim.
D On February 28, 2018, Defendant B notified Defendant B of the assignment of claims, and Defendant C was notified of the said assignment of claims on March 9, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 2 and 3 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to Articles 2(1), 2(3), (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 contract interest rate for lending and borrowing of money is 25% per annum. The contract interest rate is more than the above maximum interest rate is null and void. If the debtor voluntarily pays the interest exceeding the above maximum interest rate, the amount equivalent to the excess interest paid shall be appropriated for the principal, and if the amount of the advance deduction exceeds the amount calculated according to the above maximum interest rate with the debtor’s actual receipt as the principal, the excess amount shall be deemed as appropriated for the principal (see Supreme Court Decision 2012Da5198, Oct. 11, 2012; 200% of the annual interest rate is 30% of the loan interest rate of the Plaintiff’s actual 20% of the loan interest rate of the Plaintiff’s maximum interest rate of 30% of the loan agreement under the former Act.