1. The Defendant’s KRW 14,068,359 for the Plaintiff and KRW 5% per annum from May 11, 2016 to January 10, 2017.

1. Basic facts

A. On August 31, 2015, C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) decided to borrow KRW 100 million from the Plaintiff at an interest rate of 6% per month, and on November 30, 2015 (hereinafter “the instant loan”) and, if the said loan was not repaid, it decided to transfer the said loan amount to the Plaintiff at KRW 31,40,00, a plastic house owned by the Plaintiff. At the same time, D and the Defendant, the representative director of the Nonparty Co., Ltd., a director of the Nonparty Co., Ltd., jointly and severally guaranteed the Defendant’s debt to the Plaintiff of the Nonparty Co., Ltd.

B. On September 2, 2015, the Plaintiff paid KRW 82 million to the Nonparty Company, deducting the interest of KRW 18 million from the three-month interest rate of KRW 100,000 for the loan of this case.

C. On December 2, 2015, Nonparty Company and the Defendant paid KRW 58 million to the Plaintiff, including KRW 10 million on December 2, 2015, KRW 2 million on December 3, 2015, KRW 21 million on January 7, 2016, KRW 500,000 on January 8, 2016, KRW 500,000 on February 13, 2016, and KRW 58 million on March 15, 2016.

Grounds for recognition: A1-8, 10 (including various numbers for each number), the whole purport of the pleading.

2. Determination

A. (1) The plaintiff asserts that the above 24 million won and damages for delay should be paid to the plaintiff, who is a joint guarantor of the above loan, since the original debt of the loan of this case remains in existence. Thus, the defendant who is a joint guarantor of the above loan of this case, should pay the above 24 million won and damages for delay.

(2) According to the provisions regarding the maximum interest rate under Article 2(1), (3), (4), and Article 3 of the Interest Limitation Act, and Article 2(1) of the Interest Limitation Act, the maximum interest rate under a contract for lending and borrowing money is 25% per annum, and the portion exceeding the above maximum interest rate is null and void. If the debtor voluntarily paid the interest exceeding the above maximum interest rate, the amount equivalent to the overpaid interest shall be appropriated for the principal, and if the amount deducted in advance from the interest exceeds the amount calculated according to the above maximum interest rate based on the debtor’s actual receipt as the principal.