대여금등
1. The Plaintiff:
A. Defendant A shall complete the payment of KRW 408,142,585 and KRW 300,000 among them, from January 12, 2017.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 as to the cause of the claim, the Plaintiff loaned KRW 300 million to the Defendant A on September 21, 2010 on the redemption date under the approval of the basic terms and conditions of credit transaction on September 21, 2010, with the repayment rate fluctuation rate (6.11%) 17-19% per annum, and with the overdue interest rate of KRW 17-19% per annum. The Defendant B guaranteed the Defendant A’s obligation to the Plaintiff at the time up to KRW 360 million; ② the repayment date of the principal and interest of this case was September 17, 2014; the repayment period of the principal and interest of this case was the principal and interest of KRW 300 million as of January 11, 2017.
Therefore, the Defendants are jointly and severally liable to pay the money stated in the Disposition No. 1 to the Plaintiff.
2. The Defendants asserted that the payment period has not yet arrived since the process of voluntary auction for exercising the security right to the principal and interest claim of this case was in progress, and thus, the details of the final claim cannot be confirmed, and that the Plaintiff’s claim cannot be complied with.
However, as seen earlier, the repayment period of the principal and interest of this case has already arrived after September 17, 2014, and the mere fact that the voluntary auction procedure for exercising the security right is in progress cannot prevent the Plaintiff’s claim. Therefore, the Defendant’s assertion is without merit.
3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.