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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 78,356,538 and KRW 63,493,776 among them.
Reasons
1. Basic facts
A. On March 21, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 300,000,000 from the Plaintiff (hereinafter “the instant loan”). The Defendant C, a representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s above loan obligation.
Loan interest of KRW 300,000: The loan interest of KRW 6,000,000 from March 21, 2013 to April 21, 2013: A monthly loan of KRW 6,00,000, and 2%: A joint and several surety of the Defendant Company: The content of the Plaintiff’s agreement;
1. Subject to the condition that the management rights of buildings D in the Suwon-si river area shall be transferred on the basis of the permission for use.
2. In the event of the occurrence of the costs in connection with the above loan, the borrower shall be held responsible for the foregoing loan and the borrower shall promise to refund the amount and interest of the loan within a new time limit.
3. The interest on the loan shall be 30% per annum after the expiration of the loan term, and if the borrower is unable to pay it, the joint guarantor shall pay it;
4. The borrower shall issue this certificate to the effect that he does not object to compulsory execution immediately after the expiration of the loan period, and delegate and consent to the borrower to issue a certificate of the seal impression, a certified copy or abstract of resident registration, etc. necessary for compulsory execution.
B. On April 19, 2013, the Defendant Company paid the Plaintiff KRW 6,00,00,000 as interest on the instant loan, and thereafter, paid KRW 150,000,000 on January 17, 2014, and KRW 150,000,000 on April 30, 2014, and KRW 15,000,000 on December 15, 2015, and KRW 10,000 on April 6, 2016, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Defendants asserting that the Plaintiff’s assertion are jointly and severally liable to pay to the Plaintiff the amount of KRW 300,000,000 in the instant loan and damages for delay calculated at the agreed rate of KRW 30% per annum from April 22, 2013. The Defendant Company is obligated to pay to the Plaintiff damages for delay calculated at the agreed rate of KRW 30,00 per annum.