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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff agreed to lend KRW 200,000 to C, which he/she became aware of in the course of the Defendant’s introduction, after three months of the due date, and paid the remainder after deducting the amount of KRW 27,30,000,000 calculated at the rate of KRW 7% per month from January 16, 2015, which is calculated at the rate of KRW 30,000,000 per month, and the remainder after deducting the amount of KRW 70,000 from KRW 70,000 per month at the rate of KRW 7% per month from the end of January 2015.
(B) However, C drafted a certificate of borrowing on January 20, 2015, stating that it borrowed KRW 200 million from the Plaintiff as of March 20, 2015.
C The Plaintiff was unable to repay the above loan (hereinafter “the loan of this case”) to the Plaintiff by the due date, and the Plaintiff demanded the Defendant to pay the loan, and on July 16, 2015, the Defendant drafted each of the following contents (hereinafter “each of the instant notes”) to the Plaintiff.
Each letter of KRW 200,000 (20,000,000) shall be the amount of claims and obligations of the plaintiff and debtor C, and if C fails to perform the obligation by October 30, 2015, it shall be paid by the defendant of each letter (for the part of interest, the condition that C calculated and deposited by 5% per month in the passbook of the plaintiff's spouse). By August 30, 2015, it shall be paid by adding up the amount of principal and interest at the time of repayment of the principal.
(c).
C was unable to repay the instant loan to the Plaintiff by October 30, 2015.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 3, testimony of the first instance trial witness C and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the Defendant jointly and severally guaranteed the Defendant’s loan obligation. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 200 million loans and the damages for delay calculated by the rate of 25% per annum, which is the interest rate under the Interest Limitation Act, from July 17, 2015.
B. As to the principal of the loan of this case ex officio, the Defendant’s prior interest is deducted.