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1. The judgment of the court of first instance is modified as follows.
The defendant's plaintiff (appointed party) and the Appointed J.
Reasons
1. After remanding this Court's judgment before remanding this Court's case, the defendant appealed only to the interest rate of 12 million won out of the part against which the judgment was rejected, and the Supreme Court accepted the defendant's appeal and reversed the above part of the appeal and remanded it to this Court. Thus, the judgment of this Court after remand is limited to the part which was reversed and remanded.
2. Basic facts
A. On December 26, 2012, K leased “F” in Jinju-si from the Plaintiff for a deposit of KRW 50 million, and as a person with bad credit standing, K entered into all contracts including the above lease agreement in D name.
B. On April 3, 2013, K borrowed KRW 30 million from the Defendant as of June 3, 2013, with the due date set as of June 3, 2013. K guaranteed the said obligation by the Plaintiff and the designated parties’ wife (hereinafter “Plaintiffs”).
C. On the same day, K and the Plaintiffs: (a) delegate to the Defendant all the powers necessary for commissioning the preparation of a notarial deed on the borrowed money (hereinafter “the instant borrowed money”) with the borrowed amount as “30 million won”; and (b) have drawn up the power of attorney with the public interest column (hereinafter “the power of attorney”).
Unlike the initial agreement, the Defendant lent to K only KRW 10 million on April 3, 2013, KRW 200 million on April 4, 2013, and KRW 12 million on the aggregate (hereinafter “instant loan principal”).
E. Since then, on May 2, 2013, the Defendant stated the “30% per annum” in the interest column of the letter of delegation of this case (hereinafter “instant supplementary act”), and on May 2, 2013, the Defendant: (a) requested the creditor and joint guarantor’s office to attend the office of notary public C to prepare a notarial deed by requesting the preparation of the notarial deed; (b) the Defendant, the debtor, K, the Plaintiffs (the guarantee limit of KRW 40 million), the debt amount of KRW 30 million, the due date of payment, and the amount of payment of KRW 30,000,000,000 per annum of the money loan agreement for recognition of compulsory execution.