대여금 등
1. The Defendants jointly and severally pay to the Plaintiff KRW 287,697,303 as well as KRW 238,590,733 as from July 15, 2014.
1. Defendant B alleged to the effect that the claim amount in this case exceeds KRW 100 million, and thus belongs to the jurisdiction of the collegiate division of the district court. However, this case constitutes a case where a community credit cooperative under Article 32(1)2 of the Court Organization Act and Article 2(1)2 of the Rules on the Jurisdiction of Property in Civil and Home Litigation, which is the Plaintiff, constitutes a case where a community credit cooperative under Article 2(1)2
2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4 as a whole, the Plaintiff may recognize the remainder of KRW 480,00,000 to Defendant A on September 27, 2012, with a maturity of 180,000,000,000 per annum 18% per annum. In this case, Defendant B guaranteed the Defendant A’s above loan obligation; the Defendants lost the profits under the period of December 27, 2013; the Defendants lost the profits under the period of December 27, 2013; and the Plaintiff lost the Plaintiff’s interest under the auction procedure as of July 15, 2014 (principal principal amount238,590,73 won, interest or overdue interest rate of KRW 49,106,570).
Therefore, barring special circumstances, the Defendants are obligated to pay the Plaintiff the principal and interest of the loan amounting to KRW 287,697,303 and delay damages for the principal amounting to KRW 238,590,733.
3. The defendants' defenses as to the merits
A. Defendant A asserted to the effect that Defendant A was the actual debtor of Defendant A, who is the actual representative of Defendant C, and Defendant A was the actual debtor, and the actual debtor was agreed between the Plaintiff and the Plaintiff, but there is no evidence to acknowledge this.
Therefore, Defendant A’s above assertion is without merit.
B. Defendant B (i) At the time of the above lease, the Plaintiff set up a collateral security (hereinafter the instant collateral security) with Ulsan-gun E, F, and G real estate (hereinafter the instant collateral security) at the time of the said lease, thereby securing adequate collateral for the above loan claims, the Plaintiff cancelled the registration of creation of superficies established on the instant collateral security prior to the order of priority than the instant collateral security.