대여금
1. The Defendants jointly and severally against the Plaintiff KRW 34,456,145 and KRW 34,038,017 among them:
A. Defendant A, Inc.
According to the overall purport of evidence No. 1 and evidence No. 6, Defendant A Co., Ltd., on July 30, 2013, with the agreed interest rate of 4.41% per annum, interest rate of 12% per annum, interest rate of 12% per annum, interest rate of 12% per annum, and interest rate of 2 years after the expiration of a grace period of 1 year. Defendant B jointly and severally guaranteed Defendant A’s obligations of the above loans within the limit of 47.250,00 won. Defendant A Co., Ltd., on September 10, 2015, lost a benefit due to delayed payment of the above loans and lost a benefit due to September 24, 2015. As of September 24, 2015, Defendant A Co., Ltd.’s obligations related to the above loans as of the principal amount of 3,328,853 won, overdue interest rate, 128 won, 259, and 164 won.
Therefore, Defendant A, as the principal obligor, is jointly and severally and severally liable to the Plaintiff within the limit of KRW 4,7250,017, which is the joint and several surety (i.e., the principal amount of KRW 3,328,853 with interest at KRW 498,128,128 with interest at KRW 418,128 with interest at KRW 418,164), and 34,038,017 with interest at KRW (i.e., interest payment at principal) from September 24, 2015 on the day when the duplicate of the complaint in this case was delivered from September 24, 2015 to December 23, 2015; Defendant B, from October 19, 2015, has a duty to pay damages for delay calculated by the annual interest rate of KRW 12% with interest rate of KRW 3,3283 with interest at KRW 49,164 with interest rate of KRW 15% per annum.
Defendant B merely lent the name of the representative director to Defendant B who operated the Defendant A, but it was not possible to respond to the Plaintiff’s request because it did not conclude the instant joint and several guarantee contract. However, there is no evidence to acknowledge it.
Therefore, the plaintiff's claim is justified.