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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,238,355 and KRW 50,000 among them, from March 1, 2010 to June 10, 2016.
Reasons
1. Facts of recognition;
A. On July 15, 2009, the Plaintiff lent KRW 50 million to Defendant B, but the Defendant B entered into a monetary loan agreement with the effect that KRW 50 million in the leased principal will be repaid until December 30 of the same year, and KRW 30 million in interest, until February 28, 2010 (hereinafter “instant loan agreement”), and on the same day, Defendant C guaranteed the Defendant B’s debt.
B. In accordance with the loan agreement of this case, the plaintiff is worth KRW 10,000,000 on July 16, 2009 to the defendant B, and the same year.
7. 20.40 million won was each lent.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, overall purport of pleading
2. Plaintiff’s assertion and judgment
A. According to the Plaintiff’s assertion summary of the loan agreement of this case, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of the loan of KRW 80 million and delay damages for the principal amount of KRW 50 million.
B. 1) According to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014), the maximum interest rate under a contract for monetary lending is 30% per annum, and the contract interest exceeds the above maximum interest rate is null and void. 2) The Plaintiff is Defendant B with KRW 10 million on July 16, 2009, and the same year.
7. The loan of KRW 40 million is as seen earlier. Thus, within the maximum interest rate stipulated by the Interest Limitation Act until February 28, 2010, the interest payment period stipulated in the loan agreement of this case is KRW 9,238,355 in total, and the interest payment agreement in excess of the above recognized scope among the loan agreement of this case is null and void. A) from July 16, 2009 to February 28, 2010, at the rate of KRW 30% per annum for the interest rate of KRW 1,873,972 (i.e., KRW 1,000 x 00 x 00 x 00 x 0 x 228/365, hereinafter the same shall apply.
(B) The interest rate of 30% per annum for KRW 40 million from July 20, 2009 to February 28, 2010 shall be KRW 7,364,383 = 40 million.