양수금
1. The Plaintiff:
A. As to KRW 161,580,82 and KRW 100,000 among them, Defendant A Co., Ltd. shall start from May 19, 2017.
Defendant A Co., Ltd. (hereinafter “Defendant A”) receives a loan of KRW 700 million at the interest rate of 8.97% per annum on December 14, 2009 and at the highest interest rate of 19% per annum from Han Bank Co., Ltd. (hereinafter “ Han Bank”), and if part of the contract was to delay the performance of the obligation or to violate the contract, the agreement was made to immediately repay all the principal and interest with delay damages. Defendant A entered into a joint and several guarantee contract with Han Bank as to the above obligation of the Defendant A, with the guarantee limit of KRW 9.10,00,00,00; Defendant A’s remaining debt amount as of May 18, 2017 includes the principal amount of KRW 260,750,129 and interest interest rate of KRW 152,120,910, the total amount of KRW 412,871,039 per annum; but the Defendants transferred the claim to the Plaintiff in succession with each of the above claim assignment number No. 1 to the Defendants.
Therefore, Defendant A is obligated to pay to the Plaintiff damages for delay calculated by the rate of 19% per annum from May 19, 2017 to the date of full payment as to the principal amount of KRW 161,580,822, which is the sum of KRW 100,000,000,000 for the Plaintiff’s above debt, and the delay damages for delay, which is the sum of KRW 61,580,822, which the Plaintiff claimed, to the Plaintiff. Defendant B is jointly and severally liable to pay to the Plaintiff the said amount within the limit of KRW 910,00,000,000, which is the guarantee limit.
Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.