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1. Defendant A Co., Ltd and C jointly and severally with the Plaintiff KRW 1,000,000,000, and Defendant A Co., Ltd. with respect thereto, on March 2013.
Reasons
1. Facts of recognition;
A. On March 29, 2007, Franchi Mutual Savings Bank Co., Ltd. (hereinafter “Flachi Savings Bank”) extended a loan of KRW 8.8 billion (hereinafter “instant loan”) to Defendant A Co., Ltd. (hereinafter “Defendant Company”) at 10% per annum, interest rate of KRW 10% per annum, interest rate of KRW 18% per annum, and due date of payment by September 30, 2007 (the later due date was changed to January 30, 2008).
B. Defendant C and D jointly and severally guaranteed the above loans to the Non-Party Savings Bank of each Defendant Company up to the maximum of KRW 11.44 billion, each of which exceeds KRW 3 billion.0 billion.
C. The Defendant Company lost the interest of December 21, 2007 due to the delinquency in paying the principal and interest, and the balance of the interest of the loan as of October 17, 2013 is KRW 1,001,18,497.
On the other hand, the savings bank was declared bankrupt on September 7, 2012 by the Seoul Central District Court, and the plaintiff was appointed as the trustee in bankruptcy of the savings bank.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, purport of whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 27, 2013 to the date following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks, to the Plaintiff, unless there exist any special circumstances. Defendant C is jointly and severally liable to pay damages for delay calculated at the rate of 1 billion won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 20, 2013 to the date of full payment.
B. As to Defendant D and E’s defense, Nonparty Savings Bank exempted Defendant E’s guaranteed liability and Defendant D’s guaranteed liability of KRW 8.44 billion respectively.
(2) In light of the following facts or circumstances, which are acknowledged as comprehensively taking account of evidence Nos. 1, 2, 4, 6, 7, and 1 to 3 evidence Nos. 1, 2, 4, 6, 7, and witness F’s testimony, the Non-Party Savings Bank shall be guaranteed by Defendant E.