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1. The Defendants jointly share KRW 12,105,370 with respect to the Plaintiff and the period from August 24, 2017 to September 18, 2018.
Reasons
1. Basic facts
A. On August 29, 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) issued a certificate of loan with the effect that “200,000,000 won was borrowed to the Plaintiff and promised to repay until September 30, 2016,” and Defendant C, the representative director of the Defendant Company, guaranteed the above loan obligations of the Defendant Company.
B. On September 1, 2016, the Plaintiff paid KRW 200,000,000 to the Defendant Company.
The Defendant Company repaid to the Plaintiff KRW 4,00,000 on January 2, 2017, KRW 100,000 on March 3, 2017, KRW 30,000,000 on June 19, 2017, KRW 20,000 on July 20, 2017, KRW 30,000 on July 28, 2017, and KRW 30,000 on July 28, 2017, and KRW 10,000 on August 23, 2017, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 to 7, the purport of the whole pleadings
2. The Plaintiff asserts that, since the Defendants agreed to pay interest at 24% per annum on the above loans, the Defendant Company’s payment of the interest on the above loan amounted to KRW 42,880,000 as well as damages for delay on the principal amount remaining after preferentially appropriating the interest on the above loan amount to the above agreement.
It is insufficient to acknowledge the fact that the Plaintiff and the Defendants agreed on the interest of the above loan solely with the descriptions of Gap evidence Nos. 4 through 6 (including each number), and there is no other evidence to acknowledge it.
However, the Defendants are obliged to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 1, 2016, the following day after the payment period of the above loan (as of September 30, 2016), (i) the Defendant is obliged to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act (the Defendant stated the above payment period in the form of a loan certificate only, and there was no agreement on the payment period, but no evidence exists to acknowledge it), and (ii) if the Defendant appropriated the above loan and the damages for delay repaid by the Defendant Company as follows: