beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 123,715,910 and KRW 50,694,640 among them, from October 1, 2014.
Reasons
1. The basis for the request;
A. On August 11, 2009, the Plaintiff concluded a credit transaction agreement with Defendant A under the joint and several guarantee for Defendant B for Defendant A, and subsequently set the overdue interest rate of KRW 390,000,000 per annum as 24% per annum; and on May 19, 201, set the overdue interest rate of KRW 35,000,000 per annum as 22.5% per annum, respectively.
(B) The overdue interest rate has been reduced to 21.5% per annum according to the plaintiff's circumstances.
Since Defendant A delayed the repayment of the principal to the Plaintiff after the repayment of the principal, the Plaintiff continued to apply for the commencement of voluntary auction for the security acquired by the Defendant. In the distribution procedure of the Suwon District Court C real estate auction case, the total amount of KRW 50,891,960 out of the principal amount and the total amount of interest were remaining as the claim for attempted auction, with repayment of KRW 346,39,713 out of the total amount and principal.
C. Meanwhile, after the aforementioned date of distribution, 197,320 won was additionally collected and appropriated for the recovery of principal claims, and the final principal amount was reduced to 50,694,640 won, but the Defendants did not fully repay the remainder of the obligations. As such, the amount of claims against the Defendants as of September 30, 2014 is the principal amount of KRW 50,694,640, interest 73,021,270, total of KRW 123,715,910.
With respect to the principal claim against the Defendants, the Plaintiff shall claim damages for delay calculated in accordance with the overdue interest rate as seen earlier from October 1, 2014 to the day of full payment, and damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Lawsuit from the day after the copy of the complaint in this case is served to the day of full payment, with respect to the remaining KRW 72,961,793, excluding the overdue interest 59,4
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).