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1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) for KRW 100,000,000 and KRW 80,000 among them, from April 1, 2016 to 20.
Reasons
1. Determination as to the claim against Defendant A and B
A. The facts of recognition [based on recognition: Gap's evidence Nos. 1, 5, 6, 9, 10, and 13; the purport of the whole pleadings] (1) The plaintiff is a credit business registration company.
(2) On October 13, 2015, the Plaintiff loaned KRW 20,000,000 to Defendant A for payment period of KRW 34.8% per annum on April 13, 2016, and Defendant B guaranteed the above loan obligations by setting the guarantee limit of KRW 20,000,000.
(3) On February 19, 2016, the Plaintiff loaned KRW 80,000,000 to the Defendant Company at the interest rate of 29.88% per annum on March 31, 2016, and at the interest rate of arrears rate of 34.8% per annum. Defendant B determined the guarantee limit of KRW 80,00,000 and guaranteed it.
(4) The Defendant Company only paid the agreed interest among each of the above loans, but failed to pay the principal after the due date.
B. According to the above facts of determination, the Defendant Company is obligated to pay the Plaintiff a total of KRW 100,000,000,000 and KRW 20,000,000, which are the following day after the agreed due date for payment, to the Plaintiff for delay calculated at the rate of 34.8% per annum, which is the delayed interest rate from April 2, 2016 to the date of full payment, the following day after the agreed due date for payment. Defendant B, a joint and several surety, is jointly and severally liable to pay the Plaintiff the above money within the limit of KRW 100,00,000,00, which is the guarantee limit.
C. The part dismissing part of the Plaintiff’s claim against Defendant B for the payment of the entire loan as Defendant A, the primary debtor, but the fact that joint and several surety was established by setting the guarantee limit is as seen earlier. As such, the claim for payment exceeding KRW 100 million is without merit, and thus, it is dismissed.
2. Determination on the claim against Defendant Kakao
A. On October 13, 2015, Defendant A borrowed KRW 20,000,00 from the Plaintiff as of October 13, 2015, with the due date specified on April 13, 2016 as the interest rate and delayed interest rate of KRW 34.8% per annum.