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1. Defendant B’s 30,000,000 won and the interest rate of 30% per annum from October 3, 2015 to the date of full payment.
Reasons
1. In full view of the overall purport of the arguments in Gap evidence Nos. 1-1, 2, 3, and 2 as to the plaintiff's claim against defendant B, the plaintiff can be acknowledged as lending money to defendant B as follows.
① Around 2009, the interest rate of KRW 10 million was set at 3% per month, and the maturity was set at the time when Defendant C withdraws the construction cost.
② On November 24, 2010, the interest rate of KRW 10,000 was set at 3% per month, and the repayment period was set at July 24, 2012.
③ On December 24, 2011, the interest rate of KRW 10,000 was set at 3% per month, and the repayment period was set at December 24, 2013.
According to the above facts, Defendant B is obligated to pay to the Plaintiff interest and delay damages according to the agreed rate within the limit of the above loan amount of KRW 30 million and the Interest Limitation Act.
Defendant B borrowed a total of KRW 10 million from the Plaintiff several times, but all of them were repaid, and Defendant B did not borrow KRW 20,000 (the above 2,3) claimed by the Plaintiff, and therefore, Defendant B cannot comply with the Plaintiff’s claim of this case.
However, there is no evidence supporting Defendant B’s assertion that Defendant B repaid the sum of KRW 10 million from the Plaintiff several times, and the above KRW 20 million was lent to Defendant B. As seen earlier, Defendant B’s assertion is without merit.
(2) The Plaintiff’s claim against Defendant C on the following grounds: (a) the Plaintiff submitted a written reply containing the foregoing argument, and did not appear on the date of the pleading that took place on three occasions; and (b) the Plaintiff asserted that, as seen above, Defendant C guaranteed the obligation to return the borrowed money to Defendant B at the time of lending money to Defendant B, Defendant C sought payment of KRW 20,000,000,000 from the guaranteed obligation to Defendant C.