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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 179,226,026 and the interest rate thereon from September 6, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On August 27, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) lent KRW 100,000,000 (hereinafter “loan”) to Defendant B Co., Ltd. as interest rate of KRW 2.5%, and E and F Co., Ltd and Defendant C jointly and severally guaranteed the Defendant Company’s above loan obligation. In addition, D loaned KRW 100,000,000 (hereinafter “loan”) to Defendant Company as interest rate of KRW 2.5% on October 10, 2013. E and Defendant C jointly and severally guaranteed the Defendant Company’s above loan obligation.
C. On October 30, 2014, D transferred to the Plaintiff, a spouse, a loan claim as of August 27, 2013 and a loan claim as of October 10, 2013 (hereinafter “each of the above loan claims”) to the Plaintiff. Around that time, D notified the Defendants of the said transfer of claims.
On September 2, 2016, the Plaintiff sent a content-certified mail to the representative director C of the Defendant Company seeking the payment of each of the instant loans by September 10, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6, and 7, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally provide that Article 2 of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014) provides that the highest interest rate revised (No. 25 per annum) shall apply from August 27, 2013 to the Plaintiff, which is the transferee of each of the instant loans, for the principal of each of the instant loans and the loans made on August 27, 2013, and from October 10, 2013, for the loans made on October 10, 2013, Article 2 of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014) provides that the highest interest rate revised (No. 25 per annum) shall apply to each of the instant loans made before the enforcement date of the amended Interest Limitation Act (No. 30 per annum).