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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 5,075,246,094 and KRW 200,000,000 among them.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3:
On September 22, 2006, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement (hereinafter “the instant agreement”) with the Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”), setting the credit limit amount of KRW 3,150,00,000 per annum 12% per annum, delay compensation rate of KRW 25% per annum, delay compensation rate of KRW 25% per annum, and the credit period of September 22, 2006 to September 22, 2007, and the Defendant B jointly and severally guaranteed the above obligation of the Defendant Company.
B. On June 28, 201, Saturdays Savings Bank transferred the Defendants’ claims to the Plaintiff, and notified the Defendants of the assignment of claims.
C. As of June 26, 2014, the principal and interest of the Defendants as of June 26, 2014 are KRW 5,075,246,094 (=principal interest of KRW 3,009,916,707). (2,065,329,387)
2. Determination
A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 20% per annum with respect to KRW 5,075,246,094 of the above principal and interest of loan and KRW 200,000,000 of the principal and interest of the Plaintiff, which the Plaintiff seeks, within the scope of the rate of damages for delay calculated from August 8, 2014 to the date of full payment.
B. The Defendants asserted that the extinctive prescription of the principal of the loan was completed after the lapse of 3 years from June 5, 2008 when the interest under the instant contract was finally paid. The Defendants asserted that the extinctive prescription of the principal of the loan was completed after the lapse of 5 years.
In full view of the evidence No. 4, the Komato Savings Bank applied for the auction of real estate with the Seoul Northern District Court C on October 27, 2009, which was established on the real estate of the defendant company on October 27, 2009.