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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 95,018,737 and KRW 85,00,000 among them, from June 27, 2015 to July 2015.
Reasons
1. Facts of recognition;
A. On January 16, 2012, the Plaintiff loaned KRW 150 million to Defendant A Co., Ltd. (hereinafter referred to as Defendant Co., Ltd.) (hereinafter referred to as the “Representative Director C at the time”).
(hereinafter referred to as the “instant loan”). Defendant B assumed office as the representative director of the Defendant Company on August 1, 2013.
On July 14, 2014, Defendant Company applied for the repayment term of KRW 87 million with respect to the balance of the instant loans, and KRW 85 million with respect to October 16, 2014.
Defendant B jointly and severally guaranteed the Defendant Company’s above loans amounting to KRW 102,00,000 as the collateral guarantee limit.
B. The Defendant Company lost the benefit of time due to the overdue interest payment.
In June 26, 2015, the sum of the principal and interest in arrears as of June 26, 2015 is KRW 95,018,737 (=interest of KRW 10,000,000).
Meanwhile, the overdue interest rate applied by the Plaintiff is 15% per annum.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3 (including a provisional number) and the purport of the whole pleadings
2. Determination:
A. According to the facts found by the Defendants’ obligation to repay, the Defendant Company is jointly and severally a joint and several surety, and the Defendant Company is jointly and severally liable to pay to the Plaintiff 95,018,737 won in total of the principal and interest of the instant loan and 85,000,000 won in the balance of the loan principal, 15% per annum from June 27, 2015 to July 27, 2015, the delivery date of the original copy of the instant payment order until July 27, 2015; 20% per annum from the following day to September 30, 2015; and 15% per annum from the next day to the date of full payment.
(Plaintiff refers to the statutory interest rate of 20% per annum from the day after the delivery date of the original payment order to the day of full payment. However, since October 1, 2015, the statutory interest rate was changed from October 1, 2015 to 15% per annum, the portion sought in excess of the statutory interest rate is without merit.
As to the Defendants’ assertion, the Defendants are Defendant B.