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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,605,366,039 and KRW 300,000,000 among them.
Reasons
1. Indication of claim;
A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement with the Non-Party New Bank Co., Ltd. (hereinafter “Non-Party Bank”) and obtained loans from the Non-Party Bank as follows. Defendant B and C jointly guaranteed the above loans owed by the Defendant Company to the Non-Party Bank.
6,000,000,000,000 general financing loans for facilities of one-company on June 29, 2014, June 2, 2014, 201, on the date when the extension of the credit is completed, the amount of loans for separate credit subjects is 50,000,000 2,448,000,000 Small and Medium Promotion Fund loans for facilities of 2 enterprises on June 14, 2014, June 15, 2011, 282,82,00,000,000 small and medium promotion fund loans for facilities of 338,40,000,000 small and medium promotion fund loans for facilities of 3 enterprises on June 15, 2014;
B. After that, the non-party bank, where the Defendants did not repay the above principal and interest of loan, transferred the above principal and interest of loan to the Plaintiff on December 23, 2013, and notified the Defendant company of the above assignment by mail certified as of December 24, 2012 and December 26, 2012.
C. The principal and interest of a loan that the Defendants did not repay by October 13, 2014 are as listed below.
Loans 1,644,307,788 291,893,8222,850,854,695 2,187,056,056,3052 Enterprise Facilities Small and Medium Promotion Fund Loans 71,007,614,670,7428,518,9298,92985,197,285 282,000,000,000,17,280,330,332,1933,1933,112,449, total 12,49,402314,84,294,293,205,73636,639,636,563,405, etc.
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 2,60,00,000, which is part of the principal and interest of KRW 2,605,366,039, and 300,000,000, which is the principal and interest, from October 14, 2014 on the date following the date of calculating the principal and interest, to the date of final delivery of the copy of the complaint of this case, 12.37% per annum, and 20% per annum from the following day to the date of full payment.
2. Applicable provisions of Acts;