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1. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor for KRW 632,402,363 and KRW 377,427,90 among them.
Reasons
1. Indication of claim;
A. On March 28, 2012, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 28, 2012, at the interest rate of 13% per annum on July 28, 2012 and at the rate of 25% (in arrears exceeding three months), and loaned KRW 500 million to the Defendant Co., Ltd.
(hereinafter referred to as “the instant credit transaction agreement” and “the instant loans.” Defendant B, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligations under the instant credit transaction agreement on the same day.
B. As of August 8, 2014, the outstanding amount relating to the credit transaction agreement of this case as of August 8, 2014 is the principal amounting to KRW 377,427,90, interest and delay damages amounting to KRW 252,389,341, totaling KRW 632,402,363.
C. On January 24, 2015, the Plaintiff’s succeeding intervenor was partially transferred the Plaintiff’s credit contract, including the instant credit transaction agreement, according to the Financial Supervisory Commission’s decision.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff-Succession Intervenor 632,402,363 won of the outstanding principal and interest of the loan and damages for delay calculated by 25% of the agreed interest rate from August 8, 2014 to the date of full payment.
2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (a judgment made by deeming that the case is one);