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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,239,985,908 and KRW 439,770,174 among them.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).
on June 11, 2012, our Financial Savings Bank (hereinafter “Korea Financial Savings Bank”)
(1) A loan of KRW 1 billion from (hereinafter referred to as “instant first loan”)
In addition, the interest rate up to the due date, 9.5% per annum, 21.5% per annum after the due date, and 21.5% per annum on June 11, 2014. On the same day, Defendant C, who was the representative director of Defendant B and in-house director of the Defendant Company, jointly and severally guaranteed the instant loan 1.3 billion won each, setting the guarantee limit per annum. (2) On November 6, 2012, the Defendant Company loaned 1.0 billion won from the Korea Financial Savings Bank (hereinafter “instant loan”) from the Korea Financial Savings Bank (hereinafter “instant loan”), and jointly and severally guaranteed the instant loan 1.2% per annum up to the due date, 9.5% per annum, 25% per annum after the due date, 25% per annum, and 1.3 billion won per annum, and Defendant B and C’s guarantee limit on the same day were set as 1.3 billion won per annum.
3) On February 18, 2014, our Financial Savings Bank (hereinafter “D”) held that each of the instant loans and interest claims against the Defendant Company and the security interest thereon are limited to D (hereinafter “D”).
A) Around that time, D transferred the principal and interest of each of the instant loans as of January 22, 2014, which is similar to the date of the assignment of the said loan, to the Defendants upon delegation from the Korea Financial Savings Bank. D around that time, D received notification from the Defendants, and sent the said notification to the Defendants. As of June 11, 2014, the details of principal and interest of each of the instant loans were as follows: (a) on June 11, 2014, 439,70,74, 32,347,768, 32,347,768, 200,00,000,000,00637,0615,0636,171,3424) were delegated to the Defendants on May 6, 2012; and (b) on March 27, 2014, the Plaintiff received the notice from the Defendants as to the principal and interest of the loan.
recognized.