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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Monthly payments of 11,00,000,000 general capital loans with interest on delayed payment of interest on the repayment date of the loan-type limit on basic fact-based loans (11%) 12% on January 9, 2007 (11%) 25% on October 9, 201 (in the extension of due date, October 9, 201)
A. A Co., Ltd. (hereinafter “A”) entered into a credit transaction agreement with the Defendant Company B (hereinafter “Defendant Company”) and loaned KRW 11,00,000,000 (hereinafter “instant loan”).
B. On October 9, 2007, Defendant C, as the representative director of the Defendant Company, guaranteed only 14,300,000 won out of the instant loan obligations.
C. The Defendant Company did not pay the principal and interest of the instant loan after repaying interest on the instant loan by June 29, 201.
A was declared bankrupt on September 26, 2012 by the Incheon District Court 2012Hahap9, and the plaintiff was appointed as bankruptcy trustee.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. According to the facts based on the determination as to the cause of the claim, barring any special circumstance, the Defendant Company: (a) the agreed interest rate of 11% per annum from June 30, 201 to August 9, 201, on which the Defendant Company paid the Plaintiff’s last interest on the loan principal of this case; and (b) the agreed interest rate of 20% per annum from the following day to the date of full payment; and (c) the Plaintiff claimed damages for delay at the rate of 25% per annum from the purport of the claim to the date of full payment, but did not appeal against the judgment of the first instance.
The defendant C is obligated to pay each of the damages for delay at the rate of 14,300,000,000 won. The defendant C is jointly and severally liable with the defendant company to pay each of the above loans.
3. Judgment of the defendants
A. The Defendants 1 determine the conspiracy, false representation, or the defense of non-competitive intent.