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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Facts of recognition;
A. On December 9, 2003, the South Sea Credit Union extended a loan of KRW 20,000,000 per annum to E with interest rate of KRW 8% per annum, interest rate of KRW 15% per annum, interest rate of delay damages, and due date of payment on December 9, 2006 (hereinafter “instant loan”).
At the time F, G, H, etc. jointly and severally guaranteed the loan obligations of this case.
B. On June 21, 2013, as E was unable to repay the instant loan obligation after the due date, the South Sea Credit Union notified E of the transfer of the instant loan obligation to the Plaintiff on June 23, 2014.
Meanwhile, as of May 31, 2013, immediately before the assignment of the above credit, the instant loan claim remains at KRW 36,535,121 (=interest of KRW 20,000,000 and delay damages).
C. Of the joint and several sureties for the instant loan obligation, F died on June 13, 2005, and the spouse A 3/19 shares, and eight children, including the Defendants, jointly inherited the deceased’s property at the ratio of 2/19 shares.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. According to the determination as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the agreed damages rate for delay from June 1, 2013 to the date of full payment, for each of the principal and interest of the instant loan claims x KRW 36,535,121 x KRW 2/19 of each inheritance share x below KRW 2/19 of the principal and interest of the instant loan claims x KRW 2,105,263 of the principal (==20,000 x 2/199).
(On the other hand, the plaintiff claimed for the payment of damages for delay calculated at the rate of 17% per annum, but there is no evidence to acknowledge it. Rather, the rate of damages for delay stipulated in the loan agreement of this case is 15% per annum. Thus, the part of the claim for damages for delay exceeding the above rate is without merit.
(a) to this;