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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 150,185,642 and KRW 103,327,355 among the Defendants.
Reasons
1. Basic facts
A. On May 17, 2010, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the loan amounting to 150,00,000 won, interest rate of 9.8% per annum on May 16, 2011, and the maximum interest rate of 17% per annum on delayed interest (hereinafter “instant loan contract”). On several occasions, the Plaintiff entered into a contract on the loan of corporate driving funds (hereinafter “instant loan contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”), and concluded a contract on the change of the extended limit amount to 160,000,000 won on November 14, 2014, and then the extended transaction period to 16,52% per annum on June 16, 2015, Defendant C guaranteed the above obligation of Defendant C with the maximum interest rate of 195,000,000 won per annum.
B. As of June 20, 2019, the Defendants’ obligations against the Plaintiff are the principal of KRW 103,327,355, agreed interest and delay damages KRW 46,858,287, total of KRW 150,185,642.
C. The agreed interest rate of the Plaintiff is 6.16% per annum from June 20, 2019 to December 19, 2019, and the agreed interest rate is 9.16% per annum added 3% per annum.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 150,185,642 as well as KRW 103,327,355 as well as the amount of KRW 103,355 as of June 21, 2019, which is the following day from September 29, 2019, the delivery date of a copy of the complaint of this case, to September 29, 2019, the annual interest rate of KRW 9.16%, and the annual interest rate of KRW 12% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Defendant C is obligated to pay the amount of KRW 195,00,000,
3. The plaintiff's each claim against the defendants is reasonable, and all of them are accepted. It is so decided as per Disposition.