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1. The defendants jointly and severally do not exceed KRW 8,001,883,188 and among them 3,874,246 to the plaintiff within the limit of KRW 19,890,00,000.
Reasons
1. Basic facts
A. The Solomon Savings Bank Co., Ltd. (hereinafter “Plaintiff Bank”) leased KRW 15,300,000,000 to C Co., Ltd. (hereinafter “Nonindicted Company”) on three occasions as listed below.
C
B. The Defendants jointly and severally guaranteed the obligations of the Plaintiff Bank of the non-party company, and each Defendant’s guarantee details, limit on guarantee amount, etc. are as follows:
A B
C. As of November 23, 2014 and February 1, 2016, the balance of the principal and interest, etc. on the Plaintiff Bank of Nonparty Company as of the following:
1) As of January 31, 2016, as of November 23, 2014
D. On April 30, 2013, the Plaintiff Bank was declared bankrupt in this Court Decision 2013Hau46, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Plaintiff Bank.
E. On December 16, 2014, the Plaintiff filed a lawsuit against the Defendants, within the scope of KRW 19,890,000,00,00, with the Seoul Central District Court, to the extent of KRW 19,981,226,243,05 of the balance of the principal and interest of loans as of November 23, 2014 (the principal amount of loans KRW 5,80,000,000 among them) and KRW 5,80,000,000 of the principal and interest of loans from November 24, 2014 to the date of full payment (No. 25% per annum from November 24, 2014 to the date of full payment). The said court accepted the Plaintiff’s claim on November 17, 2016.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]
2. The Defendants asserted by the Plaintiff are obligated to pay the Plaintiff the remainder of the principal and interest of the loan, excluding the amount claimed by the Plaintiff.
2. Determination
A. According to the above facts, the Defendant filed a claim with the Plaintiff for the principal of KRW 8,890,001,883,188 (i.e., the principal and interest of KRW 19,890,00,000 as of November 24, 2014 - the principal and interest of KRW 11,979,343,055 as of November 24, 2014) and 3,874,246,048 among them = 3,874,246,048 won as of November 24, 2014 - the principal and interest of KRW 9,674,246,048 as of November 24, 2014.