beta
Text
1. The Defendants jointly and severally pay to the Plaintiff KRW 29,141,260 and KRW 28,491,664 among them.
Reasons
1. Basic facts
A. On December 16, 2014, the Plaintiff (hereinafter “Defendant Company”) rendered a general new loan (hereinafter “instant loan”) by setting the loan amount of KRW 34 million from December 16, 2014 to December 20, 2019, with the interest rate of KRW 5.9% per annum, interest rate of delay damages, 24% per annum, and equal installment repayment of principal and interest in repayment method.
Defendant B jointly and severally guaranteed the Defendant Company’s loan obligations to the Plaintiff.
B. The Defendants were in arrears with the equal installment repayment of the principal and interest of the instant loan twice. On February 1, 2016, the Plaintiff notified the Defendants of the loss of the interest during the instant loan by content-certified mail.
C. As of February 22, 2016, the principal of the instant loan 28,491,664 won and overdue interest 649,596 won remain.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. Determination 1 as to the claim against the defendant company: The above basic facts are stated. 2) The judgment deeming confession (Article 208(3)2 of the Civil Procedure Act)
B. According to the facts of recognition as to the claim against Defendant B, Defendant B, a joint and several surety of the instant loan obligation, is jointly and severally liable with the Defendant Company to pay damages for delay calculated by the rate of 24% per annum, which is the delay interest rate of 24% from February 23, 2016 to the date of full payment, for the principal amount of KRW 29,141,260 (i.e., the principal amount of KRW 28,49,64 in interest of KRW 64 in interest of KRW 64 in interest of KRW 649,596 in interest of the instant loan) and the principal amount of the loan.
3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.