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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 208,730,227 and KRW 192,760,000, respectively, from March 12, 2020.
Reasons
1. Facts of recognition;
A. On June 25, 2015, the Plaintiff entered into a business agreement with Defendant C Co., Ltd. and Defendant D Co., Ltd. (hereinafter referred to as “Co., Ltd.”), which implements real estate sale business in Jeju E, F, and G, and Defendant D Co., Ltd. (hereinafter referred to as “Co.”), which is the contractor, with an intermediate payment loan from the seller of the said business, until the buyer pays the full amount of the loan, and Defendant C Co., Ltd and Defendant D, the contractor, as the contractor, signed a joint and several guarantee agreement.
B. Meanwhile, on July 22, 2015, Defendant B, a seller for sale, entered into a loan agreement with the Plaintiff on the following terms:
(hereinafter referred to as “instant loan”). Loans of non-Housing loans of H Nos. 95,300,000 on a fixed-term, interest rate, interest rate, interest rate, and non-Housing loans of 18% per annum on October 22, 2017 (18% per annum on October 22, 2017) for loans of 19,460,000 won on non-Housing loans of 18% per annum on October 22, 2017.
C. At the time of the instant loan agreement, the Plaintiff and Defendant B agreed to immediately repay the loan when the above Defendant did not pay the loan interest for more than two months. In addition, when the real estate sold by Defendant B is completed and the above Defendant’s ownership is transferred to the above Defendant, the said Defendant agreed to set up a collateral security in the first priority order at the time of the registration of ownership transfer or to immediately repay the entire loan amount.
Since then, each of the real estate purchased by Defendant B was completed and completed on May 27, 2019, the registration of ownership preservation was completed in the name of Defendant C. On the same day, the registration of ownership transfer was completed on May 21, 2019 in the name of Nonparty J Co., Ltd.
E. From February 22, 2019, Defendant B did not pay interest on the instant loan from around December 22, 201 to the present date. As of March 11, 2020, the sum of the principal and interest, etc. of the instant loan accrued by the said Defendant as of March 11, 202 was KRW 208,730,227 [=total amount of KRW 192,760,000 (i.e., KRW 97,460,000 related to Hho-related KRW 97,460,000) or overdue interest.