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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from May 30, 2019 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. 1) On October 30, 2013, the Plaintiff loaned KRW 100,00,000 to the Defendants on a fixed basis as interest rate of KRW 2.5% per month and on May 1, 2014. (2) On December 31, 2014, the Defendants agreed to pay the Plaintiff the principal amount of KRW 50,000,000 to the Plaintiff, and on the same day, the Defendants paid KRW 50,00,000 to the Plaintiff the remainder of the principal amount of KRW 50,00,000 and the interest rate of KRW 1.5% per annum (payment per annum 18%) (payment per annum 30%) on the same day.
3) Afterwards, the Defendants paid KRW 750,000 as interest per 1.5% interest per month from January 2015 to April 2019, and did not pay interest from May 30, 2019. [Based on recognition, Defendant B: Evidence No. 1, Evidence No. 2-1, and 2, Defendant C’s purport of the entire pleadings: (3) and (1) of the Civil Procedure Act.
B. Accordingly, the Defendants jointly and severally sought payment of the instant loan to the Defendants, and the Defendants do not clearly dispute this.
The Plaintiff is obligated to pay to the Plaintiff the agreed interest rate of 18% per annum from May 30, 2019 to the date of full payment. The Plaintiff is obligated to pay the agreed interest rate of 50,000,000 won and delay damages with the agreed interest rate of 18% per annum.
2. As to Defendant B’s assertion, Defendant B asserted that, from January 2015 to April 2019, the principal of the instant loan was 39,800,000 won (=50,000,000 won - 10,200,000 won) in addition to the repayment of the interest rate of KRW 750,00 as to the instant loan to the Plaintiff each month.
However, the Plaintiff asserted that Defendant B paid 10,200,000 won to the Plaintiff from January 2015 to April 2019, Defendant B paid to the Plaintiff as interest on the loan, which is separate from the instant loan, Defendant B paid to the Plaintiff as of May 7, 2014, and Defendant B also stated that it did not dispute the Plaintiff’s claim on the first date for pleading.