대여금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 5,00,000,000 and the Defendants A and C from March 31, 2008.
1. Determination as to the cause of claim
A. The following facts are not disputed between the parties, or may be acknowledged in accordance with the purport of Gap evidence 1 to 3 and all pleadings:
1) Defendant A Co., Ltd. was established on July 6, 2007 for the purpose of real estate development and housing construction business, etc. and was dissolved on December 2, 2013 (hereinafter “Defendant Company”).
(2) On July 27, 2007, with respect to the sales business that was promoted at the time of the payment date, Defendant B and C loaned KRW 110 billion from the Korea Securities Co., Ltd. under the joint and several sureties’s guarantee. In this case, with respect to KRW 70 billion of senior loans, the parties concerned determined the due date for repayment on nine months from the date of the loan agreement (the rate of eight percent per annum), and with respect to KRW 30 billion of senior loans and KRW 10 billion of subordinated loans, the due date was 48 months from the date of the loan agreement (the rate of 12% per annum per annum and 15% per annum), and if the principal and interest of the loans are not paid at the due date (the annual interest rate of 19%) on July 31, 2007, the Plaintiff acquired KRW 5 billion from the Korea Securities Co., Ltd. on July 31, 2007, and Defendant Company did not pay the interest on the above loans from March 31, 2008.
B. According to the above facts, the Defendants jointly and severally lost the above amount of KRW 5 billion and the benefit of the time limit therefor to the Plaintiff from March 31, 2008 to the date the duplicate of the complaint in this case was served on the Defendants (in the case of Defendant Company B, October 30, 2014; and in the case of Defendant C, September 15 of the same month), 19% per annum under the agreement, and until September 30, 2015 (the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015).