대여금
1. The Plaintiff:
A. Defendant A Co., Ltd. is from March 2, 2015 for KRW 159,893,837 and KRW 149,99,897 among them.
1. The facts subsequent to the fact of recognition are as follows: (a) between the Plaintiff and the Defendant A Co., Ltd. (the former trade name before the alteration: D Co., Ltd.; hereinafter “Defendant A”); and (b) between the Plaintiff and the Defendant C, and there is no dispute between the Plaintiff and the Defendant C; or (c) by considering the overall purport of the pleadings as a whole.
On October 28, 2011, the Plaintiff entered into a credit transaction agreement with Defendant A on October 18, 201 with a credit limit of KRW 1,00,000,000, and the credit period of KRW 18,000 (up to October 17, 2014), the base interest rate of 1.86% per annum (up to the base interest rate of KRW 2.36%), the delay rate of less than three months is changed to the base interest rate of KRW 1.86% per annum (up to the base interest rate of KRW 2.36%), the delay rate of less than three months is 17% per annum, and 19% per annum.
B. At the time of the conclusion of the above credit transaction agreement, Defendant B and C entered into a limited contract on the guarantee of the present and future debts owed by Defendant A to the Plaintiff according to the above credit transaction agreement within the limit of KRW 180,000,000, respectively.
C. Meanwhile, based on the above credit transaction agreement calculated as of March 1, 2015, Defendant A’s unpaid principal of the loan is KRW 149,99,897, overdue interest or delay damages are KRW 8,740,610, and provisional payment is KRW 1,153,330.
2. Determination
A. According to the above findings of determination as to the cause of the claim, barring any other special circumstances, Defendant A is obligated to pay to the Plaintiff the delay interest of KRW 15% per annum within the scope of delay interest rate of KRW 15% per annum from March 2, 2015 to the day of full payment, and Defendant B and C are jointly and severally liable to pay the above interest of KRW 180,00,000 per annum within the limit of KRW 180,000,00,000 per annum, respectively, with Defendant A Co., Ltd.
B. Defendant C’s assertion of Defendant C is first determined.