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1. The Plaintiff:
A. Defendant B and Defendant E are jointly and severally 49,583,334 won and the aforementioned amount on March 22, 2019.
Reasons
1. Around July 2015, the Plaintiff, with the introduction of Nonparty F, lent the following money to Defendant B (former trade name: G), C, and D (hereinafter collectively referred to as “Defendant Company”) for the operating fund of accommodation business, such as her mother, etc.:
(A-1 to 3) On July 24, 2015, B. 50,000 won (2.5 million won prior to the due date of payment of interest on the Defendant’s loans (47,500,000 won after deducting 2.5 million won prior to the due date) on July 24, 2015, 30% per annum 30,000 on September 24, 2015 (30,000 won prior to the due date of payment and after deducting 5,000,000 won prior to the due date of payment, 95,000 won prior to the due date of payment) on July 24, 2015, Defendant Company 200,000 won prior to the due date of payment, and each of the above Defendant Company 2,50,000 won prior to the due date of payment on July 24, 2015 (20,000 won prior to the due date of repayment).
On October 24, 2016, Defendant E, as an actual operator of the Defendant Company, drafted a letter of undertaking to pay KRW 300 million, including the Defendant Company’s loan and interest, to the Plaintiff, thereby jointly and severally paying each of the above loans and interest with the Defendant Company.
(A) Accordingly, Defendant B and Defendant E jointly and severally shall be 49,583,34 won [the maximum amount of interest under the Interest Limitation Act out of 2.5 million won, which shall be deducted from the interest of 2.5 million won, 2,083,34 won (the maximum amount of interest under the Interest Limitation Act x 25% x 25% x 2 months x 416,666 won shall be appropriated to the interest, and the remainder of the excess amount shall be appropriated to the principal], Defendant C and Defendant E jointly and severally, 9,16,67 won [the maximum amount of interest under the Interest Limitation Act out of 5 million won, which shall be deducted from the interest of 5 million won, 4,166,67 won [the maximum amount of interest of 100,000 won x 25% x 25% x 26 months x 12 months x 2 months 12 months.