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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) provided, however, that Defendant B shall not exceed the limit of KRW 2,210,00,000, KRW 3,052,144,31;
Reasons
1. Basic facts
A. Tomato 2 Savings Bank Co., Ltd. (hereinafter “tomato 2 Savings Bank”) concluded a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and implemented the loan as follows:
The loan amount of the loan subject on the date of the loan of the principal debtor shall be the repayment rate of the loan interest rate of the loan 1.
Defendant Company: (a) on November 17, 201, the comprehensive passbook loan 1.7 billion won per annum on November 17, 2011 (25% per annum) 20% per annum on November 17, 201.
Defendant Company’s 1.5 billion won of general loans on July 29, 2011 (21% per annum) 11.7. 29 July 2012 (21%)
B. The repayment period is extended until November 17, 2012 with respect to the instant one loan, and as to the instant two loan, until July 29, 2013. The interest rate of the instant two loan was changed to 9% per annum, and Defendant B entered into a joint and several guarantee agreement up to KRW 2.1 million with respect to the instant one loan, and KRW 2.25 million with respect to the instant two loan.
C. Tomato 2 Savings Bank was sentenced to the bankruptcy decision 2013Hahap55 of this Court, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
As of January 5, 2016, the Defendant Company lost the benefit of time due to the delinquency in payment of interest under each of the instant loan agreements. As of January 5, 2016, the Defendant Company paid the principal of the instant loan KRW 1,711,414,523, and the principal of the instant loan KRW 1,340,729,808, and the principal and interest of KRW 3,052,14,331, and the principal and interest of KRW 1,400,000,000, total of KRW 957,329,250, and KRW 2,357,329,250, respectively.
[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including branch numbers in case of additional number), Eul 13-1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendant Company is the principal obligor of each of the instant loan agreements, barring any special circumstance.