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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 137,546,112 and KRW 124,367,967. From August 7, 2018.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on March 27, 2017.
A) The following terms and conditions were entered into with Defendant A’s loan of KRW 134 million (hereinafter “instant loan”).
(2) Defendant B guaranteed the guarantee amount of KRW 174,00,000 as to the instant loan obligation on March 27, 2017, as the guarantee amount, on a commercial loan loan with overdue interest rate of KRW 134,00,000 per annum 6.29% or 9% per annum on March 25, 2022).
3) From August 25, 2017, Defendant A delayed repayment of the principal and interest of the instant loan obligation from August 25, 2017, and as of August 6, 2017, the details on the principal and interest of the instant loan obligation as follows. The principal and interest of the instant loan obligation are as follows: (i) interest rate of KRW 6,826,861, which is the interest rate of KRW 6.29% per annum from August 25, 2017 to August 6, 2018; (ii) interest rate of overdue interest of KRW 6,351,284, which is the interest rate of KRW 6.29% per annum from August 11, 2017 to December 25, 2017; (iii) annual interest rate of KRW 8% from the following day to March 25, 2018; and (iv) interest rate of KRW 135% per annum from the following day to August 29, 2018.
B. According to the above facts of determination, the Defendants, as the principal obligor and joint and several surety of the instant loan obligation, shall pay to the Plaintiff the total amount of KRW 137,546,112, and the interest of KRW 124,367,967 among them, delay damages calculated at the rate of 9.29% per annum for the Plaintiff within the scope of the agreed rate from August 7, 2018 to the date of full payment, and Defendant B is obliged to pay the amount of KRW 177,420,000 per annum.
2. Defendant B’s defense asserted to the effect that Defendant B sold a vehicle purchased with the instant loan obligation and paid a purchase price directly to the Plaintiff, and that Defendant B partly repaid the instant loan obligation. This is recognized.