beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 26,288,808,801 and KRW 12,000,000,00 among them.
Reasons
1. Basic facts
A. On July 14, 2008, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. with a limit of 12 billion won, maturity of February 14, 2010, interest rate of 12% per annum, and interest rate of 24% per annum, and Defendant B, C, and D jointly and severally guaranteed the above loan obligations within the limit of 1.5 billion won.
After that, the maturity date of the above loan was extended on July 14, 2010.
B. As of June 16, 2015, the principal and interest of this case are 26,28,808,808,801 won in total, including 12 billion won, attempted interest and overdue interest 14,288,808,801 won.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the facts found by the Defendants as above, the Defendants jointly and severally pay to the Plaintiff 26,288,808,808,801 won in total and 12 billion won in principal from the date following the date of calculation of the final overdue interest to the date of full payment, an annual interest rate of 24% in accordance with the overdue interest rate from June 17, 2015, and Defendant B, C, and D, a joint and several surety, are liable to pay the amount within the limit of 15.6 billion won, which is the guarantee ceiling.
B. (i) Whether Defendant B and C’s assertion is liable for the discharge of the joint and several surety obligation of this case, and the above Defendants entered into a joint agreement with Defendant D on June 30, 2008 with regard to the construction of a new apartment house, and received a loan of KRW 12 billion with the purchase fund, etc. on September 6, 201, the shares of Defendant A held by Defendant D and Defendant C were transferred to Defendant D, but Defendant D agreed to take over the said Defendants’ joint and several surety obligation of this case as the discharge of the said Defendants, and thereafter, Defendant C requested Defendant C to exempt the said Defendants from the guaranteed obligation of the said Defendants by notifying the Plaintiff of the fact that he/she assumed the said obligation several times of exemption, and the Plaintiff is only liable for Defendant D.