대여금 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The facts subsequent to the facts of recognition may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence of Nos. 1 to 10, Eul evidence of No. 1 and No. 2.
On March 10, 2009, the Plaintiff entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the Korea Technology Credit Guarantee Fund (hereinafter “instant loan agreement”) and loaned KRW 150,000,000 at maturity to Defendant Co., Ltd. on March 8, 2010. Defendant C and D provided comprehensive collateral guarantee for Defendant Co., Ltd’s obligations under the instant loan agreement at KRW 180,000,000.
B. The Plaintiff and the Defendant Company extended the maturity of the instant loan agreement on a yearly basis on March 7, 2014. Finally, the maturity was extended on June 5, 2014, and Defendant C and D jointly and severally guaranteed the obligation due to the extension of maturity as a joint and several surety.
C. At the time of the instant loan agreement, the Korea Technology Finance Corporation’s guarantee rate was 100%, but on March 8, 201, the maturity of the instant loan agreement was extended and changed to 90%.
The Defendant Company failed to pay the principal and interest of the loan under the instant loan agreement, which was extended on June 5, 2014, and accordingly, the Korea Technology Credit Guarantee Fund subrogated to the Plaintiff KRW 137,615,034 according to the rate of guarantee among the principal and interest of the loan under the instant loan agreement on September 26, 2014.
(e) The loans owed by the Defendant Company remaining after the subrogation of the Korea Technology Credit Guarantee Fund shall be the total of KRW 12,213,615 as of April 1, 2018, including principal and interest, KRW 12,030,279, as of April 1, 2018.
2. Determination on the cause of the claim
A. According to the above facts, the Defendants jointly and severally calculated 24,243,894 won and 12,213,615 won and 12,213,615 won of the principal under the loan agreement of this case from April 2, 2018 to August 3, 2018, which is the final delivery date of the copy of the complaint of this case, at the rate of 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.