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1. The defendant shall pay to the plaintiff B the amount of KRW 50,513,051 and the amount of KRW 6,024,784 from September 23, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against the plaintiff B
A. (1) Plaintiff B’s assertion (1) indicated by Plaintiff B: (a) lent KRW 20 million to the Defendant at an interest rate of KRW 36% per annum (hereinafter “first loan”); (b) around December 201, Plaintiff B lent KRW 20 million per annum to the Defendant as an interest rate of KRW 24% per annum (hereinafter “second loan”); and (c) instead of receiving interest from the Defendant, the amount equivalent to the interest on each of the above loans was paid by the Defendant and the Defendant as an interest rate of KRW 400,000 per annum.
② On the date of receipt of the said fraternity (27.4 million won), Plaintiff B set the amount of KRW 25 million at 24% per annum and lent to the Defendant at 24% per annum.
(hereinafter “third loan”). (3) On June 20, 2012, Plaintiff B subscribed to another fraternity operated by the Defendant (1.5 million won a month) and agreed with the Defendant to treat 1.5 million won a sum of the interest to be paid to Plaintiff B for each of the loans 1, 2, and 3 as the deposit amount, instead of paying the deposit amount, the Defendant agreed to receive KRW 34.4 million as the deposit amount.
Therefore, the defendant is obligated to pay to the plaintiff the amount stated in the purport and delay damages, which are the sum of the principal and interest of each loan of 1, 2, and 3.
(2) Although borrowing the first and second loans from the Defendant’s assertion, there was no interest payment agreement as to the relationship between the parties, and the first loan to be received by the Plaintiff B is not KRW 27.4 million, but KRW 13.8 million.
B. (1) On January 22, 2011, Plaintiff B, without setting the due date for repayment of KRW 20 million, lent interest to the Defendant at 36% per annum; on December 12, 2011, Plaintiff B, without setting the due date for repayment of KRW 20 million, set and lent interest at 24% per annum to the Defendant on December 12, 201.
As seen below, the second loan is loaned from the following month before the plaintiff B lends the first loan to the defendant. The first loan is loaned to the defendant.