대여금 및 보증채무금
1. The Defendants jointly and severally pay to the Plaintiff KRW 61,841,171 as well as KRW 58,319,027 as from July 18, 2019.
1. According to the purport of evidence evidence Nos. 1-5 and the entire pleadings as to the cause of the claim, the Plaintiff loaned KRW 210,100,00 to Defendant C on December 18, 2015 by means of interest rate of 8.1% per annum, overdue interest rate of 25% per annum, 72-month principal and interest equal, etc., Defendant D guaranteed the above obligation to Defendant C. As of July 17, 2019, the fact that the principal amount of the above loan claim as of December 17, 2019 is KRW 58,319,027, interest and overdue interest rate of KRW 3,522,144 per annum, and overdue interest rate of 11.1% per annum is recognized.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 61,841,171 ( KRW 58,319,027 KRW 3,522,144) and delay damages calculated at the rate of 11.1% per annum from July 18, 2019 to the date of full payment.
2. The Defendants asserted that the Defendants did not have an obligation to pay the said money to the Plaintiff since they were in preparation for receipt of documents for the application for individual rehabilitation.
On the other hand, there is no evidence to prove that there was a decision on commencing the rehabilitation procedure against the Defendants, and the mere reason for the mere reason of the preparation of the individual rehabilitation application does not affect the Defendants’ above payment obligations.
The defendants' arguments are not accepted.
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.