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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 28,00,000 and 30% per annum from July 1, 2013 to July 14, 2014.
Reasons
1. Facts of recognition;
A. On June 20, 2013, the Plaintiff lent KRW 30,000,000 between June 20, upon Defendant A’s request, and received KRW 2,00,000 as prior interest, and the Defendants jointly and severally liable for the aforementioned principal, interest, and delay damages. The Defendants concluded a lease contract under the name of Defendant B, and agreed to provide the Rober vehicle, which was being used, as security for the said loan obligation, to the Plaintiff.
B. Upon the request of the Defendants, the Plaintiff remitted KRW 28,00,000 to the Korean bank account of D and paid it to the Defendants. The Defendants prepared a cash custody certificate (Evidence 2) and delivered it to the Plaintiff. According to the above cash custody certificate, “The leased principal is KRW 30,00,000,00, and the obligor is the Defendants,” and the Defendant C signed and sealed his seal imprint on behalf of the Defendant B (no dispute is between the parties, but the obligor who returned the leased principal and interest is the obligor, and there is no signature or seal imprint) (No dispute between the parties), the power of attorney (Evidence 4), and the certificate of personal seal impression (Evidence 5) issued by the Defendant B.
[Ground of Recognition] Regarding Defendant B: Judgment by service (Article 208(3)3 of the Civil Procedure Act) by public notice (Article 208(3)3 of the Civil Procedure Act): The non-contentious facts, entry of evidence Nos. 1 through 8, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally asserted that the loan principal of the above loan principal of KRW 28,000,000 is KRW 28,000,000 for convenience.
In addition, from July 1, 2013 to July 14, 2014, the Plaintiff’s interest rate within the scope of the agreement and the maximum interest rate under the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014), calculated at the rate of 30% per annum for the Plaintiff, and at the rate of 25% per annum for the Plaintiff within the scope of the agreement from the next day to the day of full payment.