대출금 등 청구
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 905,633,894 and KRW 822,204,669 among them. < Amended by Presidential Decree No. 28090, Jun. 27, 2017>
1. Determination on the cause of the claim
A. On December 14, 2015, the Plaintiff entered into a credit transaction agreement with Defendant A (hereinafter “Defendant Company”) on a loan basis, which provides a credit amount of KRW 500,000,00,000, interest rate of KRW 8.9% per annum until the expiration date of the credit period, the agreed delay rate of KRW 18.9% per annum for six months, and the agreed delay rate of KRW 20.9% per annum for six months in arrears (hereinafter “instant agreement”). On April 18, 2016, the Plaintiff increased the credit limit of KRW 900,00,000 per annum for 90,000,000.2) The Plaintiff extended the principal amount of the loan to Defendant Company from October 14, 2016 to December 16, 2016 to KRW 1,094,000 per annum 1,094,009,6209,67.
3) The instant contract applies to the mutual savings bank credit transaction basic terms and conditions, and pursuant to Article 4 of the said terms and conditions, the Defendant Company bears the expenses for exercising or preserving the Plaintiff’s claims, security rights, etc., and the Plaintiff paid KRW 4,071,475 as provisional seizure, etc. The Plaintiff paid KRW 4,071,475 as provisional payment. 4) On April 18, 2016, Defendant B jointly and severally guaranteed to the Plaintiff KRW 1,170,000 for the Defendant Company’s obligation to the Plaintiff under the instant contract as limited collateral guarantee amount.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant Company is obligated to pay the Plaintiff the principal and interest of KRW 901,562,419 under the instant contract and the principal of KRW 822,204,609 among them, delay damages calculated at the rate of 20.9% per annum, which is the rate of delay damages, from June 27, 2017 to the date of full payment. Defendant B is jointly and severally liable with the Defendant Company to pay the said amount within the limit of KRW 1,170,000.
2. The defendants' defenses against the defendants are raised as security for loans under the contract of this case from the non-party C.