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1. The Plaintiff:
A. From February 11, 2015 to KRW 122,504,59, out of KRW 145,267,869 and its money.
Reasons
1. Determination on the cause of the claim
A. In full view of the purport of the entire pleadings, the following facts are recognized in the statement of Gap evidence 1-1 to Gap evidence 4:
(1) On October 4, 2013, the Plaintiff loaned KRW 90,000,000 to Defendant A Co., Ltd. with the loan borrowed for the general working loan of trees borrowed (hereinafter “instant first loan”). As to the instant first loan, Defendant B provided a limited collateral guarantee (joint guarantee) with the maximum guarantee amount of KRW 108,000,000,000.
(2) On June 22, 2010, the Plaintiff entered into an agreement with Defendant A on credit transactions with the lending company after the limit on loans for the purchase of borrowed trees (the lending limit of KRW 500,00,00). From April 8, 2014 to September 12, 2014, the Plaintiff borrowed a total of KRW 428,176,418 as loans between April 8, 2014 and September 12, 2014; Defendant B provided a limited continuing guarantee (joint guarantee) with the extended guarantee limit of KRW 51,30,00 as to the second loans of this case at KRW 51,30,00. Meanwhile, as of February 10, 2015, the total amount of outstanding principal and interest of each of the loans of this case as of KRW 30,300,360,304,50,306,40,5364,40,540,50,46,46, etc.
B. According to the above facts, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 11, 2015 to the date following the date of settlement of the principal and interest of KRW 122,50,59, which is the sum of the principal and interest of the loan out of KRW 145,267,869, and the amount of the loan out of the loan, to the Plaintiff at the rate of 15% per annum from February 11, 2015, which is the date following the date of settlement of the principal and interest of KRW 122,50,590, which is the sum of the principal and interest of the loan. Defendant B and the Plaintiff jointly and severally with Defendant A, within the limit of KRW 108,00,00, which is the limit of the collateral guarantee of the loan No. 1 of this case. 94,404,346, and the total amount of the principal and interest of KRW 88,00,00,00.