대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,762,974 and the interest rate thereon from December 18, 2015 to the date of full payment.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff shall lend KRW 2.14 million to the defendant A Co., Ltd. (hereinafter "the defendant company") around July 29, 201, and lend the loans to the defendant Co., Ltd. (hereinafter "the defendant company") by setting the rate of 5.45%, overdue interest rate of 19%, and due date of payment until July 29, 2014. The defendant B, as the representative director of the defendant company at the time of the above lending, guaranteed the defendant company's obligations to the plaintiff of the defendant company within the scope of KRW 2.96 million.
According to the above facts of recognition, the defendants are jointly and severally liable to pay the amount stated in paragraph (1) of this Article to the plaintiff, unless there are special circumstances.
2. On the determination of the Defendants’ assertion, the Defendants asserted that in the process of disposing of a factory building and land in order to repay the principal and interest of the loan to the Plaintiff, the Plaintiff consented to the divisional sale of the above building, etc., and sold it in other ways. In the process of receiving the payment of the principal and interest of the loan, the Plaintiff failed to pay the loan in installments. Under such circumstance, the Plaintiff failed to pay the principal and interest of the loan in full due to the progress of the auction procedure on the above factory building, etc., and thus,
Therefore, first, we examine whether the Plaintiff consented to the installment payment of the principal and interest of the above loan, and there is no evidence to acknowledge it, and the above assertion by the Defendants is without any need to further examine the remainder of the loan.
3. In conclusion, the plaintiff's claim of this case is with merit, and all of them are accepted. It is so decided as per Disposition.