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The Defendants jointly and severally liable to the Plaintiff for KRW 200,000,000 and Defendant C with respect thereto from June 4, 2020.
Reasons
1. Facts of recognition;
A. On February 2, 2009, Defendant C obtained a loan of KRW 1,714,00,00 from Defendant C at the interest rate of KRW 8.5% per annum, interest rate of delay 1.5% per annum, and on August 2, 2010 due date of the loan (hereinafter “the debt of this case”), Nonparty E, F (the payment order was finalized for Nonparty E and F), and Defendant medical corporation D (hereinafter “Defendant Medical Foundation”) jointly and severally guaranteed the debt of this case of Defendant C at the time of the loan amount of KRW 2,228,200,00 per annum.
B. On September 7, 2012, A was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap97, and the Plaintiff was appointed as A’s bankruptcy administrator.
(c)
On the other hand, Defendant C lost the benefit of time due to the repayment of the above loan due to the due date. The Plaintiff was partly repaid out of the above loan through an auction on the real estate owned by Defendant C, but as of February 24, 2020, the principal and interest of the instant loan amounting to KRW 3,505,941,262 (i.e., KRW 1,361,629,921 (i.e., KRW 2,14,31,341) incurred until February 24, 2020).
【Ground of recognition】 Each entry in the evidence of subparagraphs 1 through 6, and the purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the claim, the defendants jointly and severally, as a joint guarantor of the debt of this case as of February 24, 2020, and as to the plaintiff, 200 million won (the plaintiff sought payment of KRW 1,361,629,921, which is the principal of the debt of this case as of February 24, 2020, which is the principal of the non-payment of the loan of this case, as of February 24, 2020), as the plaintiff seeks, from June 4, 2020, the copy of the complaint of this case was served by the public notice, and from March 18, 2020, the defendant Medical Foundation provided that the special cases concerning the promotion of litigation, etc. shall be 12% per annum from March 18, 2020 after being served with the copy of the complaint of this case to the date of full payment.