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1. The Defendant’s KRW 64,272,213 as well as the Plaintiff’s KRW 30% per annum from October 29, 2012 to July 14, 2014.
Reasons
1. On January 20, 201, the loan interest rate (won) of the debtor joint and several sureties on January 20, 201, the credit service provider for the date of concluding the contract, which was 2.5% on April 27, 201, Plaintiff C, Defendant C, 90,000,000 on April 27, 201
A. (1) The standard form contract between the Plaintiff, C, and the Defendant was prepared and issued as follows. (2) C prepared and issued each receipt to the Defendant that the Defendant directly received the full amount of KRW 60,000,000 on January 20, 201, and KRW 60,000,000 on April 27, 2011.
B. 1) On January 14, 201, the Defendant and C drafted to the Plaintiff a promissory note with face value of KRW 150,000,000, the payment date of KRW 100,000 for the Plaintiff, the payment date of KRW 18,00 for the Plaintiff, and the promissory note with the addressee on April 18, 201. (2) On January 20, 2011, the Defendant and C drafted a promissory note with face value of KRW 90,000,000 for the Plaintiff, the payment date of KRW 90,000 for the Plaintiff, and the promissory note with the Plaintiff on January 20, 201.
C. 1) C, on June 20, 2012, paid to the Defendant KRW 43,354,452, and KRW 56,241,279 on October 30, 2012, as D insurance termination amount, C, on October 29, 2012, written and delivered to the Plaintiff the loan certificate (hereinafter “the loan certificate of this case”). C, on October 29, 2012, written and delivered to the Plaintiff the loan certificate of KRW 75,000,000, interest rate of KRW 2.5%, monthly interest rate of KRW 2.5%, and October 30, 2013.
C filed an application for individual rehabilitation with the Jung-gu District Court 2016da18666, and the above court decided to authorize the repayment plan on May 10, 2017.
The claim amounting to C is KRW 75,000,000 on the creditor list.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 7 (including branch numbers, if any) and the purport of the whole pleadings
2. The parties' assertion
A. On January 20, 201, the Plaintiff loaned KRW 60,000,00 to Plaintiff C at interest rate of KRW 2.5% per month. On April 27, 2011, the Plaintiff again lent KRW 60,000,000 to Plaintiff C at interest rate of KRW 2.5% per month. On October 30, 2012, the Plaintiff loaned KRW 1,600,000.
The defendant guaranteed C's loan obligations to the plaintiff.
C and the defendant delayed interest from July 27, 201, and June 2012.