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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 570,909,388 won and 399,792,319 won 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 October 31, 2002, the Plaintiff leased KRW 400 million to Defendant A at the maturity of October 31, 2004, at the interest rate of KRW 13% per annum, and at the delay compensation rate of KRW 25% per annum (hereinafter “instant loan agreement”), and Defendant B guaranteed the above loan obligations against Defendant A.
B. At the time of the instant loan agreement, the Plaintiff and Defendant A agreed to lose the benefit of time and immediately repay the principal and interest when not paying interest more than one month from the date of the agreement, or when not paying the installment, etc. more than two times in arrears.
C. The Defendants lost the interest under the loan agreement of this case for a long time in arrears, and did not repay the principal and interest even after the maturity date of the loan agreement of this case. On March 26, 2006, the loans that the Defendants are liable to pay to the Plaintiff as of March 26, 2006 are the total amount of KRW 570,90,909,380,000,000,000,000 won, 169,45,144 won, interest, and 1,661,925 won.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff 570,909,388 won and 399,792,319 won of the leased principal and 25% interest per annum from March 27, 2006 to the date of full payment.
B. (1) The summary of the Defendants’ assertion was at the time of the instant loan agreement, Defendant A set up a collateral on the Plaintiff’s building located in Seo-gu Daejeon District Co., Ltd. (hereinafter “instant building”). On February 19, 2003, upon selling the instant building to D and E, Defendant D and E agreed to fully succeed to the Defendants’ obligations under the instant loan agreement, and the said D and E consented thereto.