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1. Defendant B’s KRW 87,500,000 and its interest thereon to the Plaintiff are 30% per annum from August 1, 2013 to July 14, 2014.
Reasons
1. Facts of recognition;
A. D, E, and Defendant B concurrently operated F Co., Ltd. (hereinafter “F”).
D, E, and Defendant B decided to borrow the F’s operating capital from the Plaintiff.
B. On June 1, 2012, the Plaintiff: (a) determined the due date of repayment of KRW 87,50,000 as 2.5% (hereinafter “instant loan”) on November 30, 2012, after deducting KRW 12,500,000 from the advance interest of KRW 12.5 million from among Defendant D, E, and Defendant B (hereinafter “instant loan”).
At the time, E was a bad credit holder, and E entered the name of the defendant C, who is the same student, in the loan certificate, and affixed the seal of the defendant C.
C. On December 9, 2014, F paid KRW 30 million as interest for the instant loan to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, witness E and D's testimony, purport of whole pleadings
2. Determination as to the claim against the defendant B
A. According to the above facts, D, E, and Defendant B borrowed F’s operating capital from the Plaintiff while operating F, and thus, they are jointly obligated to repay the borrowed capital to the Plaintiff pursuant to Article 57 of the Commercial Act.
B. Although Defendant B asserts that the agreed interest rate of the instant loan is null and void in excess of the Interest Limitation Act, the maximum interest rate under the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) is 30% per annum, and the Loan Loan Agreement between the Plaintiff and Defendant B was concluded on June 1, 2012, and thus, the amended Interest Limitation Act does not apply.
C. Meanwhile, on the other hand, on December 9, 2014, F repaid KRW 30 million to the Plaintiff as the repayment of the instant loan, as seen earlier. Since the said amount is insufficient to repay the entire principal and interest of the instant loan, it shall be appropriated in accordance with the legal doctrine on appropriation of performance. The principal and interest of the instant loan as of December 9, 2014 shall be KRW 152,034,246, the principal and interest of which were sought by the Plaintiff from June 1, 2012 to July 14, 2014, at the rate of KRW 55,64,383,00 per annum from July 15, 2014 to December 9, 2014.