대여금
1.Paragraph 1 of the text of the judgment of the court of first instance is amended as follows:
The Defendants are jointly and severally liable to the Plaintiff, 7,271,369.
1. Basic facts
A. On August 14, 2006, Seoul Mutual Savings Bank (hereinafter referred to as the “Seoul Mutual Savings Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant A”) with the terms of general loans of loans, credit amounting to 3,500,000,000 won, due date of payment, 14 August 14, 2007, interest rate of 13% per annum, and damages for delay rate of 23% per annum (hereinafter referred to as the “the first loan agreement of this case”). Defendant B and C jointly guaranteed Defendant A’s obligations under the first loan agreement of this case.
B. On August 17, 2007, the Defendants applied to Seoul Mutual Savings Bank for the extension of the due date for the first loan obligation of this case on February 14, 2008, and Seoul Mutual Savings Bank approved the extension of the due date. On the same day, Defendant C entered into a collateral guarantee agreement with the guarantee limit of the first loan obligation of this case as KRW 4,550,000, with respect to the first loan obligation of this case.
C. On December 24, 2008, Seoul Mutual Savings Bank entered into a credit transaction agreement with Defendant A on June 4, 2009, under which the credit amount was KRW 910,000,000, due date for payment, KRW 16% per annum, and KRW 23% per annum (hereinafter “instant second loan agreement”). Defendant B jointly and severally guaranteed Defendant A’s obligations under the instant second loan agreement.
As of September 6, 2013, Defendant A delayed payment of the principal amounting to KRW 3,50,00,000 for the instant loan agreement, KRW 7,771,369,849 in total, KRW 7,271,369,849 in total, and KRW 904,667,979 in respect of the instant loan agreement, and KRW 968,071,121 in total, KRW 1,872,739,100 in total, with respect to the instant loan agreement.
E. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013, and the Plaintiff was appointed as a trustee in bankruptcy of Seoul Mutual Savings Bank and taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants are the Plaintiff.