대여금
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 42,962,219,178 and as a result, from November 16, 2012 to November 30, 2012.
1. Determination as to the cause of claim
A. On November 16, 2012, the Defendants drafted a notarial deed for a monetary loan agreement (hereinafter “instant monetary loan agreement”) with the following content as a notary public No. 11110 of the D Deed No. 2012 on the Plaintiff on November 16, 2012, there is no dispute between the parties.
On September 27, 2007, the Plaintiff (collective investment trust company) lent KRW 42,962,219,178 to Defendant B Co., Ltd. (hereinafter “Defendant Company”) the main contents of the notarial deed of a monetary loan loan agreement, and the Defendant Company borrowed it.
Article 2 (Period and Method of Performance) The payment key shall be no later than November 30, 2012.
Article 3 (Interest) Interest shall be 13.65% per annum.
Article 5 (Compensation for Delay) If the defendant company delays the repayment of principal or interest, it shall pay damages for delay at the rate of 19% per annum for the delayed principal or interest.
Article 8 (Joint Guarantee)
1. Defendant C (the representative director of the Defendant Company) promised to guarantee the obligation of the Defendant Company under this Agreement and to perform the obligation jointly and severally with the Defendant Company.
2. The maximum amount of Defendant C’s guaranteed liability is KRW 42,962,219,178.
3. The term of guarantee obligation shall be twenty years.
B. According to the above facts, the Defendants, as the principal obligor or joint guarantor, are jointly and severally liable to pay to the Plaintiff the interest and delay damages calculated at the rate of 13.65% per annum, which is the agreed interest rate from November 16, 2012 to November 30, 2012, and the agreed delay damages rate of 19% per annum, which is the agreed interest rate, from the following day to the date of full payment.
2. Judgment on the defendant's defense
A. The Defendants asserted that the statute of limitations defense was completed on September 2016 by the Plaintiff’s claim under the said monetary loan contract against the Defendants, but the said claim was due and payable on November 30, 2012.