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1. The Plaintiff:
A. The Defendants jointly and severally with D Co., Ltd. are KRW 134,49,715 and KRW 118,438,642 among them.
Reasons
1. Facts of recognition;
A. On June 26, 2015, the Plaintiff lent KRW 200,000,000 per annum to D Co., Ltd. (hereinafter “D”) with interest rate of KRW 3.8% per annum and interest rate of KRW 12% per annum (hereinafter “instant one loan”). The Defendants jointly and severally guaranteed the said loan obligations by setting the maximum guarantee limit of KRW 240,00,000,000, respectively.
B. On November 22, 2016, the Plaintiff lent KRW 2.62,00,000 per annum to D with interest rate of KRW 12% per annum and delay damages rate of KRW 12% per annum (hereinafter “instant two loans”); Defendant B provided a joint and several guarantee amount of the maximum guarantee amount of KRW 300,000,000, and Defendant B provided a joint and several guarantee amount of the above loans.
C. D delayed repayment of each of the above loans, and as of November 23, 2018, the balance of the instant loans as of November 23, 2018 is KRW 134,49,715 (i.e., the principal amount of KRW 116,620,00 interest of KRW 161,651,519 for delay damages of KRW 16,519 for delay damages of KRW 16,519 for delay damages of KRW 167,123). The balance of the instant two loans is KRW 282,721,132 (i.e., the principal amount of KRW 250,00,000 for delay damages of KRW 1,796,572 for delay damages of KRW 30,547,230 for delay damages of KRW 377,30)
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Determination
A. According to the above facts, the defendants jointly and severally with D on the record that the service date of the original of the payment order in this case is apparent, as to the principal amount of KRW 116,620,00 and KRW 118,438,642 (=interest of KRW 116,620,00, KRW 1651,519 by subrogation of KRW 167,123) from November 23, 2018 to the service date of the original of the payment order in this case; Defendant B was until January 21, 2019; Defendant C was jointly and severally liable to pay the principal amount of KRW 12% per annum under each agreement until December 4, 2018; and KRW 15% per annum from May 31, 2019; and KRW 1650, KRW 2050 per annum of KRW 370,205; and the remainder of the principal amount of the loan in this case shall be paid within the limit of KRW 20370,2015.20,205% per annum.