beta
Text
1. The Plaintiff:
A. As regards Defendant B’s KRW 62,500,000 and its KRW 50,000 among them, Defendant B shall be from November 6, 2002 to December 31, 2004.
Reasons
1. Basic facts
A. On November 6, 2002, the Plaintiff loaned KRW 50,000,00 to Defendant B on December 31, 2004 due date, KRW 12% per annum, and delayed interest rate of KRW 15% per annum (hereinafter “the first loan”), and on June 30, 2005, KRW 12,50,000 due date and KRW 12% per annum.
(hereinafter “instant secondary loan”). Defendant B’s spouse under the law, and Defendant C’s mother and subsidiary were jointly and severally guaranteed by the Plaintiff at the time of the said lending.
B. D deceased on May 8, 2006, and as inheritor, there was a legal spouse B, E, F, and C.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B, as the primary debtor, has the obligation to pay to the Plaintiff 62,50,000 won with the annual interest rate of 12% per annum from November 6, 2002 to December 31, 2004, which is the date of repayment from the next day to the date of full payment, with the interest rate of 15% per annum from June 30, 2005 to the date of loan of 12,50,000 won, which is the date of loan of this case, to the date of delivery of a copy of the complaint of this case from June 30, 2005 to January 11, 2018, which is the date of delivery of a copy of the complaint of this case, and to pay 15% interest per annum per annum as stipulated by the Special Cases Concerning the Promotion of Legal Proceedings, etc.
(A) The Plaintiff claimed damages for delay calculated at the rate of 15% per annum from September 1, 2005, when the repayment period for the second loan of this case was due, but there is no evidence to acknowledge that the Plaintiff agreed to the interest rate of 15% per annum at the time of the second loan of this case. Thus, the part claiming damages for delay exceeding the above recognized portion is rejected).
According to the facts of the above recognition of the claim against Defendant C, Defendant C as the inheritor of Defendant D, jointly and severally with Defendant C = KRW 13,88,888 = Total amount of 62,50,000 of the loans of this case 1 and 2 x inheritance shares 2.