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1. The Defendant’s KRW 897,229,702 as well as the Plaintiff’s KRW 26% per annum from March 6, 2014 to February 7, 2018, and the following.
Reasons
1. Facts of recognition;
A. 1) A Co., Ltd. (hereinafter “A”).
on October 10, 2011, D Co., Ltd. (hereinafter referred to as “D”).
(1) In addition, credit transaction agreements (hereinafter referred to as “credit transaction agreements in this case”) set forth on October 10, 2012, with a credit amount of KRW 2,00,000, interest rate of KRW 14 per annum, interest rate of delayed payment, 26 per annum, interest rate of delayed payment, and interest rate of KRW 10 per annum.
A) On the same day, the Defendant concluded a joint and several guarantee contract (hereinafter “joint and several guarantee contract of this case”) with D to the extent of KRW 2,600,00,000 with respect to D’s loan obligations under the credit transaction agreement of this case. After that, whenever the term of the loan agreement of this case is extended each time the term of the loan agreement of this case is extended, the amount of the guarantee limit was changed and the term of the loan of this case was extended on November 10, 2013, the Defendant’s guarantee limit was reduced to KRW 1,765,40,000.
B. A was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
C. D, on March 6, 2014, repaid to the Plaintiff the remainder of the principal amount of KRW 110,366,525 as well as the damages for delay up to March 5, 2014, out of the loan obligations under the instant credit transaction agreement, and paid the Plaintiff the remainder of the principal amount of KRW 1,197,229,702 as well as the damages for delay.
1) The Plaintiff filed a lawsuit against the Defendant for a loan claim with the Seoul Central District Court Decision 2014Da183231, the Plaintiff filed a claim for the payment of the amount calculated at the rate of 26% per annum from March 6, 2014 to the date of full payment, and the lower court rendered a judgment in favor of the Plaintiff on January 20, 2015.2) As a result of the Defendant’s appeal, the appellate court (Seoul Central District Court Decision 2018Na34260) recognized the guarantee limit on May 3, 2019 as KRW 1,765,40,000, and filed a claim for the payment of the amount of KRW 300,000 per annum from March 6, 2014 to the date of full payment.