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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 9,184,045,313 and KRW 4,99,121,031.
Reasons
1. Facts of recognition;
A. On October 1, 2007, the non-party savings bank (hereinafter referred to as the "non-party savings bank") entered into a credit transaction agreement with the defendant A Co., Ltd. (hereinafter referred to as the "Defendant A") on the credit limit amount of KRW 5 billion, interest rate of KRW 13% per annum on October 1, 2008, interest rate of KRW 25% per annum on delay damages (hereinafter referred to as the "the credit transaction agreement of this case"), and the defendant B guaranteed the defendant's obligation under the above credit transaction agreement on the same day.
B. On October 1, 2007, the Defendant Company deposited KRW 4,823,698,631 on a discount rate of KRW 5 billion at the face value, and KRW 4,823,698,631, which is the discount rate of KRW 99 days, issued by the Non-Party Savings Bank Co., Ltd. Marine Construction (hereinafter “Maritime Construction”) from the Non-Party Savings Bank, to the Defendant Company’s account.
C. On January 8, 2008, the Defendant Company received at a discount of KRW 5 billion at the face value of the Marine Construction issued by the Savings Bank from the Non-Party Savings Bank, KRW 4,845,063,494 on April 4, 2008 at a discount of KRW 87 days and on the same day, at a discount of KRW 4,845,063,494, and deposited at the Defendant Company’s account, and the Defendant Company above amount.
As seen in this subsection, on October 1, 2007, the amount of loans payable under the discount of notes due on January 8, 2008 was repaid. D.
On April 4, 2008, the Defendant Company deposited KRW 4,975,063,494 in the Defendant Company’s account at a discount of KRW 5 billion at the face value of sea construction issued by the Nonparty Savings Bank, and KRW 14 days at a discount of KRW 4,975,063,494, which is the discount of KRW 14 days on the same day, and the Defendant Company said amount at the above money.
As seen in this subsection, as of January 8, 2008, the Bank repaid the amount of a bill discount which became due on April 4, 2008.
E. On April 18, 2008, the Defendant Company made a promissory note, the face value of which is five billion won at the face value issued by the Sea Construction from the Non-Party Savings Bank, and the due date of which is May 2, 2008.