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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 66,164,384 and KRW 50,000 among them, from May 13, 2009 to July 13, 2014.
Reasons
1. In full view of the purport of the argument in the evidence No. 1 of the judgment as to the cause of the claim, the plaintiff loaned KRW 50 million to the defendant B on December 15, 2007 at the maturity of payment on June 30, 2008 and at the rate of 4% interest rate (hereinafter the "loan Claim"), and the defendant C guaranteed the above loan obligation of the defendant B to the plaintiff on the same day, and the fact that the defendant C repaid KRW 5 million to the plaintiff on May 12, 2009 is the plaintiff.
According to Article 2(1) and (3) of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011); and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), the portion exceeding 30% per annum as contractual interest holders is null and void. As such, 5 million won paid by Defendant C’s performance is an agreement of 30% per annum from December 15, 2007 to May 12, 2009, the repayment date of which is 21,164,383 won per annum (i.e., principal amount of KRW 50 million per annum x 30% per annum 50% x 50 million x 515 days/365 days).
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 6,164,384 won (=21,64,383 won - 5 million won) remaining after the agreed interest or the agreed interest rate of 50 million won and 16,164,384 won (i.e., the total of 66,164,383 won - 5 million won) and 66,164,384 won following the date of repayment to the Plaintiff from May 13, 2009 to July 14, 2014, as the Plaintiff seeks, 30% per annum and 25% per annum from the next day to the date of full payment.
The Plaintiff demanded payment of KRW 41,095 as interest on April 14, 2008, on the premise that the five million won repaid by Defendant C was appropriated for the interest from December 15, 2007 to April 13, 2008. However, from December 15, 2007 to April 13, 2008, the interest amount of KRW 4,972,602 (i.e., KRW 50 million x 30% per annum x 121 days) and the remaining amount of KRW 27,398 (i.e. KRW 5 million - KRW 4,972,602) is part of the interest on April 14, 2008.