A. On August 8, 2007, the Plaintiff leased KRW 300,000,00 to Defendant A Co., Ltd. (hereinafter “Defendant A”) at the maturity of 14% per annum on December 8, 2008 and at the rate of 26% per annum on December 8, 2008. Defendant B set the guarantee limit amount at KRW 390,000,000 and jointly and severally guaranteed Defendant A’s obligation.

B. Defendant A lost the benefit of time due to Defendant A’s failure to pay interest after September 30, 2008.

C. Meanwhile, the Plaintiff was paid an amount calculated by subtracting KRW 847,452 from the loan principal by preferentially appropriating the amount recovered through the auction procedure, etc., and was paid an amount calculated by subtracting KRW 92,591,552 from the interest or delay damages incurred until November 2, 2014 with respect to the loan.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 13 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 93,439,00 (=847,452 Won 92,591,552) and damages for delay calculated at the rate of 26% per annum from November 3, 2014 to the date of full payment, as to the remainder of the leased principal, KRW 847,452, and damages for delay calculated at the rate of 26% per annum under the agreement. Defendant B is liable to pay the said money within the limit of KRW 390,00,000, which is the limit of the guaranteed liability.

B. The Defendant’s assertion and the Defendants’ determination as to the above assertion are unreasonable for claiming interest or damages for delay exceeding 100 times the leased principal without mentioning the long-term interest or damages for delay. However, there is no evidence to deem that the amount repaid by the Defendants exceeds the amount of the Plaintiff’s repayment. The reasons in this case where the total amount of interest or damages for delay exceeds 100 times the balance of the leased principal, the Plaintiff, while there was damages for delay, was paid for the amount of KRW 300,000,000 in the auction procedure.