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1. As to the Plaintiff’s KRW 300,000,000 and KRW 100,000 among them, Defendant C shall be from September 23, 2015, and KRW 200,00,000.
Reasons
1. The fact that Defendant C borrowed KRW 100,00,000 from the Plaintiff on February 22, 2015; and KRW 200,000,000 on April 14, 2015; Defendant C borrowed the interest for KRW 100,000,000 until September 22, 2015; the fact that Defendant C paid interest for KRW 200,000,000 until December 14, 2015, respectively, does not conflict between the parties.
However, with respect to the interest rate of KRW 300,00,000, the Plaintiff sought interest rate of KRW 2.5% per annum (i.e., 30% per annum) from the day following the date of the last payment of interest to the date of full payment. However, according to Article 2(1) and (3) of the Interest Limitation Act and Article 2(1) of the Interest Limitation Act, the highest interest rate on a monetary lending contract shall be 25% per annum, and the excess shall be null and void.
Accordingly, Defendant C is obligated to pay to the Plaintiff interest of KRW 300,000,000 and KRW 100,000,000,000, which is the last interest payment day following the last interest payment day to the Plaintiff at the rate of 25% per annum from September 23, 2015, and from December 15, 2015, from the last interest payment day following the last interest payment day to the day of full payment.
2. Determination as to the claim against the defendant B
A. On February 22, 2015, Defendant C borrowed KRW 100,000,00 from the Plaintiff, and delivered to the Plaintiff a loan certificate with the Plaintiff’s seal affixed thereon and the former husband’s seal affixed thereon. Defendant C borrowed KRW 200,000,000 from the Plaintiff on April 14, 2015, and issued a loan certificate with the Plaintiff’s seal affixed thereon. The Plaintiff remitted KRW 195,00,000 to Defendant B’s new bank account (D).
3) The Plaintiff received KRW 10,00,000 from Defendant C via the account in the name of Defendant B on or around December 7, 2015, and KRW 5,00,00,00 from January 11, 2016. [Grounds for recognition] In the absence of dispute, each of the entries (including the serial number, Nos. 1, 2, 3, 4, and 5,00,00 won) in the evidence No. 1, 2, 3, and 5,00,000.