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1. The Plaintiff:
A. Defendant C shall have the right to dispose of KRW 100,820,551 = the principal of the loan plus KRW 95,625,00 for delay damages of KRW 5,195,51.
Reasons
1. Determination as to claims against Defendant C, E, and F
(a)The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1 to 6, 8, 9, Eul evidence 1, 3, 6, Eul evidence 1 and 2:
1) On December 24, 2009, the Plaintiff, via Defendant B, agreed to lend KRW 100,000 to Defendant C for a specified period of 3% interest per month and on May 24, 2010. On the same day, the Plaintiff paid KRW 15,00,000 for five-month interest from December 24, 2009 to May 24, 2010; KRW 14,000,000 for the previous debt owed to Defendant C to Defendant B; KRW 20,000,000 for the payment of the debt owed to the Plaintiff; KRW 51,00,000 for the remainder of the payment of the debt owed to the Plaintiff; KRW 20,000 for the payment of the debt owed to the Plaintiff; KRW 20,000,000 for each of the above joint and several debt owed to Defendant C under the name of the Plaintiff; and KRW 10,000,000 for each of the above loans.
3) Afterwards, the Plaintiff received a seizure and collection order as to the deposit claims of Defendant C by the Suwon District Court, as the Suwon District Court Branch Decision 2010TTT 10T 10596, and collected KRW 11,388,181 of the deposit claims of Defendant C from Han Bank on December 21, 2010. On the other hand, D died on December 9, 2014. On June 2, 2015, the heir H was subject to the Seoul Family Court’s refusal of inheritance (Seoul Family Court Decision 2015Ra1505, 1506) from the Seoul Family Court on June 9, 2015. The spouse, Defendant E, and Defendant F obtained each qualified acceptance (Seoul Family Court Decision 2015Ra1506, 2015) from the Seoul Family Court (Seoul Family Court).
B. 1) Determination of the claim against Defendant C is based on the provision on the maximum interest rate under Article 2(1), (3), (4), and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201); and Article 2(1) of the Interest Limitation Act.