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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 143,762,674 and KRW 100,000,000 among them.
Reasons
1. Determination as to the cause of claim
A. The following facts may be acknowledged in light of the overall purport of the pleadings as to the evidence Nos. 1-1, 2, 2-1, 2-2, 3, 4-1, 2, and 5 of the evidence Nos. 1-1, 1-2, 2-2, and 5 of the evidence Nos. 1-1, 2-2
(1) On March 10, 2014, the Plaintiff, as a financial institution specializing in credit, entered into an agreement on the loan of business funds (hereinafter “instant loan agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as a title holder of debt, and Defendant B signed on the obligations under the instant loan agreement as a joint guarantor.
(2) According to the instant loan agreement, when the Defendant Company delayed the performance of its obligations under the loan agreement, the overdue interest calculated at the rate of 24% per annum for the delayed period shall be paid.
(3) As the instant loan was not repaid by the due date, the Plaintiff would lose the benefit of time without paying the loan to the Defendants by January 5, 2015, as the Plaintiff did not pay the loan by January 15, 2015.
"The notice was made to the effect that the obligation under the loan agreement of this case was lost as of January 15, 2015 because the loan was not paid.
(4) As of July 14, 2016, the unpaid principal under the instant loan agreement is KRW 100 million, and overdue interest is KRW 43,762,674.
B. According to the above facts, the defendant company is the principal obligor under the loan agreement of this case, and the defendant B is jointly and severally liable to pay the principal and overdue interest of the loan of this case to the plaintiff as the joint and several surety.
I would like to say.
2. Judgment on the defendants' assertion
A. The principal loan of this case was actually borrowed by C, and the Defendants merely lent only in the name of the borrower and the joint guarantor under the understanding of executives and employees of the Plaintiff Company. Thus, the Defendants are not the actual debtor, but the executives and employees of the Plaintiff at the time.