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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the evidence No. 1 of the judgment as to the cause of the claim, the Plaintiff’s loaning KRW 100 million to the joint borrower, C, and D for the acquisition price of the E Hospital on August 20, 2010, and the Plaintiff paid KRW 150 million by February 28, 201 (hereinafter “the instant loan”). The Plaintiff is the person who was paid KRW 20 million on March 3, 2011, and KRW 30 million from C as the repayment for the instant loan.
Meanwhile, Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014; Act No. 12227, Jul. 15, 2014; hereinafter “former Interest Limitation Act”) and Article 2(1) of the Interest Limitation Act on the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014) limit the maximum interest rate on cash lending to 30% per annum.
Therefore, barring any special circumstance, the Defendant, a joint borrower, jointly and severally with C and D, is liable to pay to the Plaintiff the remainder of the principal and damages for delay remaining after appropriation for payment of KRW 50 million from the aggregate of interest and damages for delay under the former Interest Limitation Act.
2. Judgment on the defendant's defense for repayment
A. In addition to the above KRW 50 million, the Defendant’s assertion that the Plaintiff recognized as a partial repayment of the instant loan, as well as the above KRW 74 million as indicated in the table below, the instant loan loan obligation became extinct in entirety.
(2) G on November 25, 2010, KRW 400,000,000 (C’s wife’s wife’s wife’s wife’s husband’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s husband’s wife’s wife’s wife’s husband’s wife’s wife’s wife’s husband’s wife’s wife’s husband’s wife’s wife
B. (1) On October 12, 2010, the Defendant alleged that C designated it to be appropriated for the repayment of the instant loan obligation. However, according to the evidence No. 7, C’s statement, the Plaintiff is worth KRW 20 million on October 12, 2010.