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1. As to Defendant B’s KRW 48,399,824 and KRW 29,269,824 among the Plaintiff, Defendant B shall be KRW 10,00,000 from December 14, 2018.
Reasons
1. The plaintiff's assertion
A. From September 17, 2012 to October 30, 2017, the Plaintiff loaned to Defendant B a total of KRW 125 million by 3% interest per 15,000,000,000 to October 30, 2017. Defendant C is jointly and severally guaranteed KRW 20,000,000 among them, and Defendant D guaranteed KRW 40,000. In view of the Interest Limitation Act that was paid by Defendant B to the Plaintiff from October 13, 2012 to February 23, 2018, taking into account the payment of the amount of KRW 86,235,00,00 paid by Defendant B to the Plaintiff, the above loan remains to be the principal amount of KRW 87,54,586,585,162 as at the time of the instant lawsuit, and the principal amount of the loan guaranteed by Defendant C is the principal amount of KRW 1754,586,00,00.
Therefore, Defendant B shall pay the Plaintiff the principal amounting to KRW 102,429,748 (=the principal amounting to KRW 87,544,586), and the Defendant C shall jointly and severally pay the said loans amounting to KRW 17,544,586, and the Defendant D shall jointly and severally pay damages for delay of the said loans amounting to KRW 10 million and each of the above loans amounting to KRW 10 million.
B. The Defendant B, while operating a variety of occasions, agreed to provide the Plaintiff with the payment of the above loan by paying the time limit and receiving the credit money under the Plaintiff’s name. As Defendant B’s lack of the time limit, the Plaintiff paid the sum of KRW 9.13 million from October 31, 2012 to March 15, 2016, as Defendant B paid the time limit amounting to KRW 9.13 million on behalf of Defendant B, Defendant B ought to pay the said time limit amount to the Plaintiff and delay damages therefrom.
2. Determination
(a) 1) Evidence Nos. 1 to 4 (if available, including each number; hereinafter the same shall apply) related to lending Party A;
According to the overall purport of the statements and arguments in attached Table 1, as shown in attached Table 1, the Plaintiff loaned KRW 125 million to Defendant B in total on 15 occasions from September 17, 2012 to October 30, 2017, and Defendant C is jointly and severally liable for loans totaling KRW 20 million from July 28, 2014 among them, and August 25, 2014; Defendant D is jointly and severally liable for loans totaling KRW 20 million from September 17, 2012; and Defendant D was dated June 3, 2013; and June 11, 2013;