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1. As to the Plaintiff, Defendant A Co., Ltd.’s KRW 245,597,211 and KRW 190,867,816 among them, from June 24, 2019 to September 20, 202.
Reasons
1. Facts of recognition;
A. On September 27, 2012, the Plaintiff loaned KRW 100 million to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and loaned KRW 100 million to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by means of equal installment repayment of principal and interest for three years with a two-year grace period (loan 1), and loaned KRW 100 million on May 30, 2013 in the same manner (loan).
(Loan 2). (b)
The non-party E, the representative director of the defendant company, guaranteed each of the above loans to the plaintiff of the defendant company within the limit of KRW 120 million each.
C. The Defendant Company paid part of the principal and interest on all of the above two loans by August 2, 2016, and subsequently did not fulfill all the obligation to pay the agreed principal and interest.
The Plaintiff lost the benefit of June 24, 2019 according to the Plaintiff’s basic terms and conditions of loan included in the contract for all of the above two loans.
(The final repayment period of the principal and interest of the first loan is September 27, 2017, and the final repayment period of the second loan is May 30, 2018, and at the time of June 24, 2019, the two loans were already made at the end of June 24, 2019. Accordingly, the Plaintiff’s loss of the Plaintiff’s interest is less than the amount of the overdue interest and interest at which the damages for delay were incurred.
As of June 24, 2019 (calculated until June 23, 2019) in which measures for loss of benefit of time were taken, the two above two loans to the plaintiff of the defendant company and the amount of debt of the network E, a joint and several surety, are as shown in attached Table 1.
(The net E is a limited guarantor, and there is a difference between the debt amount of the Defendant Company, the primary debtor, and since June 24, 2019, the agreed damages rate for delay applied to the above two loans is 6% per annum.
G. The amount subject to delay damages out of the amount of debt under the above Table is the amount equivalent to the principal and repayment interest (interest that should have been repaid). The details are as shown in attached Table 2.
H. Meanwhile, the network E is October 18, 2017.