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1. The Plaintiffs’ Diplomatic Office against the Defendant, No. 2726, June 2, 2016, No. 2016.
Reasons
1. Basic facts
A. The Defendant paid the Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) KRW 10 million on March 30, 2016, KRW 50 million on April 1, 2016, KRW 240 million on April 12, 2016, and KRW 300 million on April 12, 2016.
B. After that, on June 2, 2016, the Plaintiff Company and the Plaintiff B, its representative director, drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the following content under the No. 2726, No. 2016, No. 2016, No. 2016.
Article 1 (Purpose) The obligee (Defendant) lent KRW 400 million to the obligor (Plaintiff Company) on June 2, 2016, and borrowed it. Article 2 (Period and Method of Payment) set forth on October 31, 2016. The interest rate of Article 3 (Interest) shall be set at 00% per annum. If the obligor delays the repayment of principal, the obligee shall pay the delayed principal interest at the rate of 25% per annum to the obligee. Article 8 (Joint Guarantee) ① The surety (Plaintiff B) agreed to guarantee the obligor’s obligation under this Agreement and to jointly and severally with the obligor to discharge the obligation. ② The surety’s maximum amount of the surety’s guarantee obligation shall be KRW 480,00,000 shall be KRW 480,000,000,000,000,000,000,000 won.
2. After borrowing KRW 300 million from the Defendant, the Plaintiff Company agreed to pay KRW 400 million, including interest, until October 31, 2016, and the instant notarial deed was prepared in accordance with the agreement.
However, the interest rate of KRW 300 million is calculated based on 25% per annum, which is the highest interest rate under the Interest Limitation Act, and only 42,178,082 won is null and void.
Meanwhile, the Plaintiff Company paid a total of KRW 310 million from October 28, 2016 to October 30, 2017, and paid a total of KRW 300,000,000 to KRW 63,747,255 as of October 30, 2017, and paid damages for delay at the rate of KRW 63,747,255 as of October 30, 201 and KRW 25% per annum.
Since the defendant is dissatisfied with the remaining debt amount, the plaintiffs.