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1. The Plaintiff:
A. The Defendants are jointly and severally liable for KRW 7,272,369,849 and KRW 3,500,000,000 among them.
Reasons
1. Basic facts
A. On August 14, 2006, Seoul Mutual Savings Bank (hereinafter referred to as the "Seoul Mutual Savings Bank") entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter referred to as the "Co., Ltd.") with each of the terms of 3,500,000,000 credit amounting to KRW 3,50,000,00, maturity of payment, August 14, 2007, interest rate of 13% per annum, interest rate of 23% per annum, and damages for delay (hereinafter referred to as the "the first loan agreement of this case"), and the Defendant B and C jointly and severally guaranteed the obligations of Seoul Mutual Savings Bank under
B. Seoul Mutual Savings Bank and Defendant A entered into an agreement on August 17, 2007 on the change of the repayment period of the first loan obligation of this case to February 14, 2008 (hereinafter “instant change agreement”). Defendant B and C jointly and severally guaranteed the payment period. On the same day, Defendant C agreed on the guarantee period of the first loan obligation of this case as KRW 4,550,000,000 for the first loan obligation of this case.
C. On December 24, 2008, Seoul Mutual Savings Bank concluded a credit transaction agreement between Defendant A and each of the credit amounts of KRW 910,00,000, maturity of June 4, 2009, interest rate of KRW 16% per annum, and damages for delay rate of KRW 23% per annum (hereinafter “the loan agreement of this case”). Defendant B guaranteed the obligations of Seoul Mutual Savings Bank under the agreement.
A, as of September 6, 2013, has not repaid each of the obligations of the instant loans as follows.
E. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013, and the Plaintiff was appointed as a trustee in bankruptcy of Seoul Mutual Savings Bank and taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally set forth in the Plaintiff KRW 7,272,369,849 as well as KRW 3,50,000 as well as damages for delay at the rate of 23% per annum from September 5, 2013 to the date of full payment, and Defendant A and Defendant B jointly and severally set forth in KRW 1,872,739,739,100 as well as KRW 994,67,97,979 as well.