대여금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 783,406,142 and KRW 433,572,279 from March 12, 2015 to March 15.
Facts of recognition
A. On June 23, 2009, Defendant B guaranteed Defendant A’s future loan obligations against the Plaintiff within the scope of KRW 1,365,000,000 in total guarantee amount.
B. On June 24, 2009, the Plaintiff: (a) completed the registration of creation of a neighboring mortgage consisting of KRW 1,365,000,000 with respect to Article 101 of the Seo-gu Daejeon, Seo-gu, Daejeon, where the Defendants shared 1/2 shares; (b) on June 25, 2009, extended loans to Defendant A with a maturity of KRW 1,050,000,000 on June 25, 2010 at the maximum annual rate of KRW 18% per annum.
(hereinafter referred to as “the first loan in this case”). After that, the maturity of the first loan in this case has been extended twice, and the final maturity has reached October 5, 2013, and Defendant B had joint and several sureties whenever the maturity is extended.
C. On October 5, 2009, the Plaintiff extended a loan to Defendant A with a maturity of KRW 50,000,000 at KRW 18% per annum on October 5, 2010, with a maturity of KRW 50,000,000 (hereinafter “the instant loan”). On the same day, the Plaintiff completed the registration of creation of a mortgage near the said real estate amount of KRW 65,00,000,000 with the maximum debt amount of KRW 65,00.
After that, the maturity of the second loan of this case was extended twice, and the final maturity was October 5, 2013, and Defendant B jointly and severally guaranteed whenever the maturity is extended. D.
As Defendant A failed to repay the instant loans by October 5, 2013, the final maturity date, the Plaintiff filed an application for the commencement of voluntary auction on the said real estate, and Daejeon District Court rendered a decision to commence voluntary auction on December 4, 2013 ( Daejeon District Court D) and the procedure of voluntary auction on real estate.
E. The Plaintiff received dividends of KRW 660,776,221 on January 29, 2015 at the above auction procedure, and calculated the remainder of KRW 66,427,721 from the principal of the instant loans and KRW 666,427,721 from the principal of the instant loans, including KRW 8,703,87, and KRW 5,962,619, and KRW 19,481, which was paid by the executing court, and KRW 675,462,20, and KRW 19,481.