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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from September 19, 2014 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the argument in the statement in evidence No. 1, 2010, Defendant B, on January 18, 2010, prepared a loan deed stating that “the Plaintiff borrowed KRW 30 million from the Plaintiff on July 17, 2010, and the interest shall be paid at KRW 18,000 per month on the basis of the monthly interest” (hereinafter “the loan certificate in this case”), and it is recognized that Defendant C has jointly and severally guaranteed the Defendant C’s obligation on the loan certificate in this case to the Plaintiff.
According to this, Defendant B and joint guarantor C are liable to pay to the Plaintiff the above loan amounting to KRW 30 million and interest or delayed damages.
Unless there exist special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of the loan amount of KRW 30 million and the amount of the delayed payment from September 19, 2014 until September 18, 2014 (the agreed interest rate of KRW 40% per annum (the agreed interest rate of KRW 1,00,000 per annum) within the scope of the Plaintiff’s interest rate of KRW 30,000 per annum from September 19, 2014 to the date of full payment (the Plaintiff received KRW 30,000 per annum). Thus, the agreed interest rate of KRW 40% per annum is the duty to pay damages at the rate of KRW 30% per annum, as sought by the Plaintiff.
B. In full view of the purport of the entire pleadings in the statement of evidence No. 2 of the Plaintiff’s loan on January 17, 2014, Defendant C prepared a letter stating that “10 million won shall be repaid to the Plaintiff” on January 17, 2014, and accordingly, the Plaintiff is deemed to have lent the above KRW 10 million to Defendant C.
Meanwhile, the Plaintiff applied for the instant payment order against Defendant C with the purport of seeking payment of KRW 10 million, and the fact that the original copy of the payment order was served on Defendant C on September 6, 2020 is recorded.