대여금등
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,00,302,210 and KRW 1,421,972,027 among them. < Amended by Act No. 1320, Apr. 2, 2015>
1. Facts of recognition;
A. On June 22, 2006, the Maritime Savings Bank Co., Ltd. (hereinafter “Plaintiff Bank”) concluded a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and eight billion won (hereinafter “Defendant Co., Ltd.”) to grant a loan at the interest rate of 10.5% per annum (hereinafter “the interest rate was changed to 10% per annum”), 25% per annum per delay, and 1 year with maturity (which was extended to March 22, 201) (hereinafter “instant loan agreement”).
D Co., Ltd. (hereinafter referred to as “D”) and Defendant B and C jointly and severally guaranteed the obligations of the Plaintiff Bank of the Defendant Company.
B. Although Defendant Company made a normal payment of interest by February 22, 2011, the repayment of the loan was later overdue.
On April 1, 2015, the amount of the claim that the defendant company has to make a lump sum repayment is KRW 3,000,302,210, and the principal is KRW 1,421,972,027.
C. Meanwhile, the Plaintiff bank was declared bankrupt on October 21, 2014 by Busan District Court Decision 2014Hau1002, and the Plaintiff was appointed as the bankruptcy trustee.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the interest of KRW 3,000,302,210 under the loan agreement of this case and the interest of KRW 1,421,972,02,027, calculated at the rate of 25% per annum from April 2, 2015 to the date of full payment.
3. Judgment on the defendants' assertion
A. The Defendant Company’s assertion that the Defendant Company concluded a loan agreement with the Plaintiff Bank as a main bank to implement the new apartment construction project, and received a loan of KRW 30 billion including KRW 8 billion under the instant loan agreement.
The interest under the loan contract of this case was not lost, and it is not so.
However, according to the loan agreement, all the loan banks have legal procedures.