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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,000,000 and the interest rate thereon from January 15, 2012 to the date of full payment.
Reasons
1. According to the evidence No. 1-1 of the judgment on the claim for loans of KRW 20 million, the Plaintiff entered into a monetary loan agreement with Defendant D on October 4, 201 with Defendant D on April 4, 201, with interest rate of KRW 20 million per annum, KRW 60% per annum, and KRW 4, 2012 on the date of repayment. It can be recognized that Defendant B, E, and C respectively were jointly and severally and severally guaranteed. After the conclusion of the above contract, the Plaintiff changed interest to 30% per annum, which is within the scope of the Interest Limitation Act, and received interest for two months from Defendant D.
In addition, on November 16, 2018, the Plaintiff appeared at the date of pleading and claimed for the correction of interest or delay damages on the said loan to 25% per annum within the scope of the Interest Limitation Act in force at the time of the closing of argument in this case.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 20 million won with 25% interest per annum from January 15, 2012 to the date of full payment, as the Plaintiff seeks.
2. According to the evidence No. 1-2 of the judgment as to the claim for a loan of KRW 40 million, the Plaintiff entered into a monetary loan agreement with Defendant B on November 15, 201 with the loan of KRW 40 million per annum, interest rate of KRW 66% per annum, and due date of repayment until February 15, 2012, and the fact that Defendant D guaranteed joint and several liability.
In addition, on November 16, 2018, the Plaintiff appeared at the date of pleading and claimed for correction of interest or delay damages on the loan at 25% per annum.
Therefore, Defendant D and B are jointly and severally liable to pay 40 million won and 25% interest per annum from December 15, 2011 to the date of full payment, as the Plaintiff seeks.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.