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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate therefor from March 1, 2014 to the date of full payment.
Reasons
On July 1, 2013, upon the request of B and Defendant D, the Plaintiff agreed to lend KRW 200,000,000 to B by setting the interest rate of KRW 5,000,000 per month and two years after the due date. The Plaintiff transferred KRW 200,000,000 to B’s account on the same month.
In this regard, the Plaintiff was provided with 360 shares of F Co., Ltd. (amounting to 3,600,000) held by B as collateral, and B subsequently agreed to the effect that the said shares should be purchased at KRW 300,000,000 at the maturity of payment.
Afterward, the Plaintiff demanded the repayment of the above loan to B and Defendant D due to the overdue interest payment, and on July 7, 2014, Defendant D offered to the Plaintiff a loan certificate (Evidence A 3) stating that “Defendant D borrowed interest of KRW 200,000,000 per month to the Plaintiff, and KRW 3,000,000 per month to the Plaintiff, and the due date of payment as of December 31, 2014,” and Defendant E jointly and severally guaranteed the above debt.
B was sentenced to the bankruptcy decision by the Seoul Central District Court on September 21, 2015, and C was appointed as the bankruptcy trustee.
[Grounds for recognition: Evidence Nos. 1 through 3, Evidence Nos. 8 through 12 (including serial numbers), the purport of the whole pleadings, and the purport of the whole pleadings] Meanwhile, the Plaintiff was paid KRW 22,00,000 as interest on the loan to B and Defendant D over 11 times between September 5, 2013 and July 5, 2014.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the interest rate of 18% per annum from March 1, 2014 to the date of full payment, which is from March 1, 2014 to the date of full payment, at the same time after the date of the final occurrence of the interest already paid to the Plaintiff, from 5,000,000 won per annum (per annum 30%) to 3,000,000 won per annum. Thus, the Plaintiff’s claim against the Defendants is with merit.