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1. Defendant B and C shall jointly and severally serve as KRW 85,00,000 on the Plaintiff and as a result, from April 16, 2008 to July 14, 2014.
Reasons
1. Determination as to claims against Defendant B and C
A. The Plaintiff loaned KRW 40 million to Defendant C on Nov. 9, 2007, and KRW 30 million on Dec. 3, 2007.2) The Plaintiff and Defendant C set the amount of KRW 85 million as the principal of the loan, including the above loan and interest thereon, etc. on Apr. 4, 2008. On the same day, the repayment period for KRW 85 million as the principal of the loan was set up on Apr. 15, 2008; the interest rate for delay was set up on Apr. 15, 2008; and the interest rate for delay was set at 30% per annum as the principal of the loan (hereinafter “instant notarial deed”); Defendant B guaranteed the above loan obligations against the Plaintiff.
3) Based on the original copy of the instant notarial deed, the Plaintiff filed an application for a seizure and collection order against Defendant B and C’s deposit claims with the Gwangju District Court 2008TTT12562, and the said court issued a collection order on October 22, 2008. 4) The Plaintiff filed the instant lawsuit on July 13, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
B. According to the above facts, Defendant B and C are jointly and severally liable to pay the Plaintiff the interest rate of KRW 85 million per annum from April 16, 2008 to July 14, 2014, and the interest rate of KRW 30% per annum from the next day of the due date to July 14, 2014, and the interest rate of KRW 25% per annum from the next day to the day of full payment. 2) The Plaintiff is not accepted the Plaintiff’s claim on the instant notarial deed on the ground that “the Plaintiff lent KRW 85 million to Defendant C on December 3, 2007, and the interest rate of KRW 30% per annum is set at the interest rate of KRW 85 million per annum.” However, the Plaintiff’s claim for the interest rate of KRW 30% per annum from December 3, 2007 to April 15, 2008 is not accepted in light of the circumstances leading up to the conclusion of the notarial deed.
2. Defendant.