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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that he lent a total of KRW 180,000,000 to C, who is his father and wife.
The aforementioned monetary loan transaction between the Plaintiff and C constitutes a continuous transaction relationship. Although the Defendant did not directly borrow money from the Plaintiff, on August 5, 2016, the Plaintiff prepared a certificate of borrowing KRW 100 million with the effect that it borrowed money from the Plaintiff, and on August 9, 2016, completed the registration of the establishment of a mortgage in the name of the Plaintiff who is the debtor to the Plaintiff’s own real estate on August 9, 2016, and subsequently acquired or guaranteed the obligation of borrowing money to the Plaintiff, which occurred or will occur in the above continuous transaction, within the limit of KRW 100 million.
Therefore, the Defendant is obligated to perform the obligation to repay the borrowed money that C owes to the Plaintiff, and the Plaintiff is pursuing the Defendant’s responsibility for each of the loans listed in [Attachment] Nos. 11, 12, and 13 in this case.
First, with respect to loans listed in the [Attachment 11], C has paid 60,000 won as interest rate from February 23, 2017 to January 23, 2019. The amount paid in excess of the maximum interest rate under the double Interest Limitation Act shall be appropriated to the principal and the remainder shall be appropriated to the interest rate, and the principal amount shall remain in 13,82,31 won as stated in the [Attachment 1] sheet as of January 23, 2019. Thus, the Defendant is obliged to pay the Plaintiff interest calculated at the rate of 24% per annum, which is the maximum interest rate under the Interest Limitation Act from January 24, 2019 to January 23, 2019.
Next, with respect to loans listed in [Attachment 12] No. 12, the Plaintiff actually paid only KRW 9.4 million to C at the time (the 600,000 won was deducted as interest on February 2017 for loans listed in [Attachment 11] as above) and the loan principal is KRW 9.4 million.
Meanwhile, C is the 28th day of each month from March 28, 2017 to January 28, 2019.