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1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 3,445,200,000 and the period from April 29, 2009 to May 15, 2014.
Reasons
1. Determination as to the cause of claim
A. On August 29, 2006, Seoul Mutual Savings Bank Co., Ltd. extended a loan of KRW 5,200,000 per annum to Defendant A Co., Ltd. with interest of KRW 12% per annum, KRW 23% per annum, and KRW 29% per annum on August 29, 2007 at the expiration date of the extension period (hereinafter “instant loan”). Defendant B, C, D Co., Ltd (formerly changed trade name: G Co., Ltd.), and E jointly and severally guaranteed the Defendant A’s debt.
B. On April 6, 2007, Defendant A Co., Ltd. repaid KRW 100,000,000 to the Plaintiff. On August 29, 2007, each extension period of the loan extended on August 29, 2007 and August 29, 2008, each extension period of the loan of this case was extended, and the expiration date of the loan of this case was extended on August 29, 2009, and Defendant F jointly and severally guaranteed the loan of this case by Defendant A Co., Ltd. on August 29, 2008.
C. On August 29, 2006, Seoul Mutual Savings Bank established a mortgage of KRW 7,800,000 with respect to each one-half share of H, I’s land and building owned by Defendant A in order to secure the claim for the loan of this case. On June 23, 2010, the Daejeon District Court: (a) received dividends of KRW 1,654,752,630 out of the principal of the loan of this case and repaid KRW 1,654,80,000 among the principal of the loan of this case.
Defendant A Co., Ltd. shall pay only interest until April 28, 2009, and no interest or delay damages thereafter are paid.
E. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Eul evidence 4-1 and 4-2, the purport of the whole pleadings
2. According to the above facts of recognition, the defendants shall jointly and severally serve as the plaintiff the balance of principal of the loan of this case 3,445,200,000 and the final decision thereof, unless there are special circumstances.