대여금등
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,201,687,788 and KRW 400,00,000 among them.
1. Determination as to the facts of recognition and the cause of claim: (a) on December 16, 2003, the Plaintiff loaned KRW 400 million to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at a rate of 18% per annum on the pretext of a loan for business operation funds; and (b) Defendant B guaranteed the above loan obligations within the limit of KRW 520 million; (c) however, the fact that the loan balance up to December 11, 2014, which is calculated on the date of calculation of convenience due to the Defendant Co., Ltd.’s failure to repay the above loan, exceeds KRW 401,687,788, the sum of the above principal and interest amounts to KRW 1,201,687,788, a total of KRW 800,00,000,00
According to the above facts, barring any special circumstance, the Defendants jointly and severally pay to the Plaintiff the total amount of KRW 1,201,687,788 of the above principal and interest and KRW 400 million, which is the principal, 18% per annum under the agreement from December 12, 2014, the following day of the above calculation base date to the date of full payment, and Defendant B is liable to pay damages within the limit of KRW 520,000,000, which is the guarantee limit amount.
2. Determination as to the defendants' defense
A. The defendant company asserted that the statute of limitations defense of the defendant company had been completed by the Daegu District Court 2004 9 on January 11, 2005, and the approval of composition was finalized on May 21, 2005. Accordingly, since the defendant company decided to pay the full amount of the composition claim which was partially exempted until August 31, 2005, the statute of limitations of the above composition claim has expired five years (commercial claim).
The fact that there was a decision on the commencement of composition and the authorization of composition, as claimed by the defendant company, is not a dispute between the parties.
However, on February 3, 2010, the cancellation decision of composition was made and the defendant company filed an immediate appeal against it, but on June 29, 2010, the appeal was dismissed on June 29, 2010 (Seoul High Court Order 2010Ra32). On July 9, 2010, the fact that the cancellation decision of composition became final and conclusive in this court is significant, and on the other hand, the former Composition Act before it was repealed.