1. Defendant D and E shall jointly and severally pay to the Plaintiff KRW 47,00,000 and the interest rate from January 31, 2018 to the date of full payment.

1. Basic facts

A. On November 30, 2017, the Plaintiff decided to grant a loan of KRW 50,000,000 to Defendant D with interest rate of KRW 4% per month (hereinafter “instant loan obligations”). Defendant E guaranteed the instant loan obligations, and Defendant E set the repayment period on January 30, 2018.

B. On December 1, 2017, the Plaintiff transferred KRW 46,00,000,000, which deducted the amount of KRW 4,000,000 from the amount of KRW 50,000,000, to Defendant C, who is Defendant D’s wife.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. Determination as to the claim against Defendant D and E is based on the interest rate under the statutory limitation rate for the period from the date of loan to the date of maturity, excluding the amount of prior interest deduction. If the amount of prior interest deduction exceeds it, the excess amount is appropriated for the leased principal before deducting the aforementioned prior interest, and the remainder after such appropriation is due to the obligor’s payment due date (see, e.g., Supreme Court Decision 2014Da24785, 24792, 24808, etc.). In this case, 50,00,00 won is 50,00 won, 2050 to December 1, 2017 to the date of maturity, 305, 40,000 won x 40,500 won x 40,500,500 won under the interest limit Act and the interest limit rate under Article 2 (1) of the Interest Limitation Act x 50,405% under the maximum interest rate under the contract.

Therefore, Defendant D and Defendant E, the principal debtor, jointly and severally and severally, jointly and severally, seek KRW 47,00,000 from the loan principal to the date of full payment.