beta
Text
1. The Defendants: (a) with respect to each Plaintiff KRW 288,00,000 and KRW 30,000,000 among them, respectively, from October 1, 201 to 20,000; (b)
Reasons
1. Indication of claim;
A. The Plaintiff lent money to Defendant B from January 30, 2010. On March 30, 2011, Defendant B confirmed that the balance of the loan up to that time was KRW 193,00,000, and Defendant C guaranteed the payment of the said money to the Plaintiff.
B. On April 15, 201, 200,000 won, April 16, 2011, and KRW 10,000,000 on April 16, 201, and KRW 30,000,000 on June 14, 201, and KRW 20,000,000 on July 5, 201, and KRW 20,000 on August 1, 201, the Plaintiff guaranteed the payment of the above loan to the Plaintiff.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. On March 30, 201, the Plaintiff asserts that Defendant B confirmed the balance on March 30, 201, the agreed interest rate of KRW 193,00,000 for each of the remaining loans is 150% per annum, and 36% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, from the date of confirmation of the balance of the loan or the date of full payment to the date of full payment. However, the highest interest rate stipulated in the Interest Limitation Act is 30% per annum
interest or damages for delay calculated by the ratio of such interest or damages shall be claimed.
According to the evidence No. 9, Defendant B’s statement that the loan balance of March 30, 201 remains 193,000,000 won, the fact that “interest 25,80,000 won per month, 5,800,000 won per month in cash, 20,000,000 won in cash, and 20,000,000 won in full payment per annum,” may be acknowledged. However, there is no other evidence to acknowledge that the Plaintiff and Defendant B agreed to the interest rate of 150% per annum, and there is no other evidence to acknowledge that the other loans agreed to the interest rate for each loan.
In addition, comprehensively taking account of the overall purport of the arguments in evidence Gap evidence Nos. 11 and 12, the plaintiff lent KRW 30,000,000 to defendant Eul on June 14, 201 and lent KRW 20,000 to September 30, 201, and the repayment period was set as two months after July 5, 201, while the plaintiff loaned KRW 20,000 to the defendant Eul on September 30, 201.