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1. Defendant B and C shall be jointly and severally liable to the Plaintiff for KRW 150 million and shall be jointly and severally liable to complete the payment from June 16, 2007 to the date of full payment.
Reasons
1. Claim against Defendant B and C
A. (1) On November 3, 2005, the Plaintiff, along with E and F, lent KRW 350 million to Defendant B with interest monthly and due date on March 3, 2006 (the Plaintiff’s loan to the Defendant is KRW 150 million among the Plaintiff’s loan to the Defendant) and completed the joint registration of creation of a mortgage at the time of the Plaintiff, E, F, the obligor, the obligor, and the maximum debt amount of KRW 50 million (the loan to the Defendant is KRW 100,000,000).
(2) Defendant C jointly and severally guaranteed Defendant C’s above loan obligation.
(3) The Plaintiff, E, and F provided the above loan claims as security, and ①, ② the real estate of each of the above real estate was successively awarded a successful bid (J, the same court K, the same court L, and the same court M), and the Plaintiff received dividends of KRW 44,985,954 as a mortgagee at each of the above auction procedures. The Plaintiff, at the time of receiving the dividend, was partly appropriated for the overdue interest of KRW 87,287,671 (150 million x 590/356 x 36/100 x less than a small number of points) until June 15, 2007.
(4) Therefore, Defendant B is the debtor, and Defendant C is the joint and several surety, and as the joint and several surety, the principal of the loan amount of KRW 150 million and the damages for delay shall be paid at the rate of 30% per annum, which is within the maximum interest rate stipulated in the provisions on the maximum interest rate under Article 2(1) of the Interest Limitation Act among the agreed parties from June 16, 2007 to the date of full payment as sought by the plaintiff.
B. (1) Determination: Article 208(3)3(2) of the Civil Procedure Act; Article 208(3)2 of the Civil Procedure Act; Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act
2. Claim against Defendant D (1) Defendant D’s assertion is that the Plaintiff Defendant B and C.