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1. The Plaintiff:
A. As to KRW 17,149,255,594 and KRW 7,649,623,923 among them, Defendant A Co., Ltd.
Reasons
1. On February 22, 2013, the interest rate for the loan interest rate of 1 general loans 5,300,000,000 per annum 11% per annum 25% per annum on February 24, 2013, the date of maturity on the loan of 1 general loans 5,30,000,000 per annum 25% per annum on August 22, 2013, 208, general loans 1,000,000 per annum 25% per annum on February 24, 2013, general loans 1,000,000,00 per annum 25% per annum on May 24, 2010, general loans 125% per annum 400,000,000,000 per annum 90,000 per annum on May 27, 2001;
A. Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) is a joint and several surety of Defendant B with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under the credit transaction agreement between the Defendant Company A (hereinafter “Defendant Company”) and the fourth credit transaction agreement.
B. The details of the joint and several sureties of Defendant B’s respective loans were as follows. The current status of the unpaid principal and interest of each of the instant loans as of April 27, 2017 as of April 27, 2017 is as follows. On the other hand, the Plaintiff is a person appointed as a trustee in bankruptcy on April 30, 2014 by the Solomon Savings Bank as of April 30, 2014.
2. According to the allegations and the above facts of determination, barring any special circumstance, the Defendant Company is obligated to pay the Plaintiff outstanding principal and interest of KRW 17,149,255,594 as well as damages for delay at the rate of 25% per annum on the agreed interest rate of KRW 7,649,623,923 as well as the principal and interest of KRW 7,649,623,923 as well as damages for delay from April 27, 2017 to the date of full payment. Defendant B, a joint and several surety, is jointly and severally liable to pay the said amount within the limit of KRW 10,660,00,00, which is the limit
As to this, the Defendants’ respective credit transaction agreements are not only agreements that the Solomon Savings Bank force the Defendants to enter into their respective agreements by taking advantage of their superior position in order to secure the payment of interest exceeding the limited interest rate under the Credit Business Act for the first loan.