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1. The Plaintiff:
A. Defendant A Co., Ltd. is from October 25, 2016 for KRW 640,389,411 and for KRW 300,00,000 among them.
Reasons
Facts of recognition
A. On February 9, 2011, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), setting the loans for general loans for credit subjects, the amount of loans (limit) KRW 900,000,000,000 on February 18, 2012, the expiration date of the credit, interest rate of 11% per annum, and delay damages at 23% per annum. On February 18, 2011, the Korea Savings Bank (hereinafter “Korea Savings Bank”) loaned KRW 90,000 to Defendant A pursuant to the said credit transaction agreement.
Defendant B, February 17, 2011, and C, February 9, 2011, jointly and severally guaranteed each Defendant A’s Korea Savings Bank within the limit of KRW 1170,000,000.
B. Defendant A failed to repay the above loan obligations on February 18, 2012, which is the expiration date of the credit extension period.
As of October 24, 2016, the principal of the loan shall be KRW 899,942,875, and the interest accrued until December 31, 2015 shall be KRW 852,422,645, and the interest accrued due to delay as of December 31, 2015 shall be KRW 164,248, and the interest accrued from January 1, 2016 to October 24, 2016 shall be KRW 168,530,285.
C. The Korea Savings Bank was declared bankrupt on February 28, 2013 (Seoul District Court 2013Hahap2), and the Plaintiff was appointed as the bankruptcy trustee of the said Company.
[Based on the facts without dispute, Gap evidence Nos. 1 through 16, and the purport of the entire pleadings, the above facts of the recognition are as follows: (i) defendant A, the debtor, is obligated to pay damages for delay of agreement at the rate of 23% per annum from October 25, 2016 to the day of complete payment; and (ii) defendant B, the joint guarantor, is jointly and severally liable with defendant A, to pay damages for delay within the limit of KRW 1,170,000,000,000, the sum of KRW 340,389,411, the plaintiff, among the above loan principal, and KRW 300,389,411, the above interest and delay damages claimed by the plaintiff; and (iii) to pay damages for delay of agreement at the rate of KRW 300,00,00,000 among the above interest and delay damages.
Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.