A. On September 27, 201, the Plaintiff made a loan of KRW 150,00,000 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), to the extent of KRW 150,00,000 per annum, interest rate of KRW 11,00 per annum, interest rate of delay rate of KRW 23% per annum (time of delay for six months or more), and KRW 150,00,000 after concluding a credit transaction agreement as of September 27, 2012, and Defendant B and C (hereinafter “the Defendants”), respectively, jointly and severally guaranteed the loan obligations under the said agreement within the limit of KRW 195,00,00.

B. From February 19, 2013 to April 10, 2014, the Defendants repaid a total of KRW 125,000,000 to the Plaintiff, and the Plaintiff appropriated the principal.

C. Accordingly, as of May 12, 2016, the remaining principal of the instant loan is KRW 24,980,673, and the sum of interest, etc. is KRW 50,874,038.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, and purport of whole pleadings

2. The allegations and judgment of the parties

A. According to the facts established prior to the determination as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 23% per annum from May 12, 2016 to the date of full payment of the remaining principal amount of KRW 75,854,711 and the remaining principal of KRW 24,980,673 of the loan of this case, barring special circumstances. The Defendants of this case are obligated to pay each of them within the limit of KRW 195,00,000, which is the limit of the collateral guarantee.

B. As to the Defendants’ assertion, first of all, the Defendants asserted that it is unreasonable to claim interest in arrears even though they promised to exempt the Defendants, a joint and several surety, from the obligation to pay their loans when the Plaintiff requested repayment of the loans to the Defendants, a joint and several surety, when the credit expires.

As seen earlier, the Plaintiff appropriated KRW 125,00,000 to the principal of the loan, which was repaid by the Defendants from February 19, 2013 to April 10, 2014.