beta
Text
1. The Defendant shall pay to the Plaintiff KRW 321,975,273 and KRW 92,30,00 among them, 25% per annum from January 7, 2015 to the date of full payment.
Reasons
1. On November 30, 2011, “Defendant and C shall borrow KRW 184,600,000 from the Plaintiff, and shall make installment payments of KRW 30,000 on December 22, 2004, and KRW 154,60,000 on January 25, 2015, and shall make installment payments of KRW 25% per annum for the principal or interest at the rate of 25% if the repayment is delayed. If the debtor, etc. has delayed payment of the principal or interest at least once, the delayed principal or interest shall be paid by adding damages at the rate of 25% per annum to the delayed principal or interest, and if the debtor, etc. has delayed payment of the installment, the payment of the remainder shall be lost by the due date and shall be immediately repaid. It may be recognized that the debtor, the creditor, the Plaintiff’s creditor, and the notary public who is the Plaintiff, prepared a notarial deed of a loan for consumption under Article 2486 of the Act.
2. The parties' assertion and judgment
A. The Plaintiff’s cause of the Plaintiff’s claim refers to the Defendant’s loans of KRW 184,60,000 and interest of KRW 459,350,547 from January 26, 2005 to January 6, 2015 ( KRW 184,60,000 x 25% x 3,633 days/365 days x 184,950,547 ( KRW 459,350,547) and damages for delay of KRW 184,60,000 among them.
B. According to Article 408 of the Civil Act, where there are several obligees or obligors, each obligee or obligor has rights and bears obligations in equal proportion, unless there is any special declaration of intention.
Therefore, if multiple parties become debtors together, they are in principle liable for the installment, unless there is any special declaration of intention.
The facts that the defendant and C borrowed KRW 184,60,000 from the plaintiff at the time of the preparation of the above notarial deed are as seen earlier, but there is no evidence to acknowledge that there was a special agreement on the scope of the defendant's and C's debt burden.
Therefore, the defendant can be deemed to bear the above loan debt in equal ratio with C. Thus, the defendant's debt is 92,300,000 won 184,60.