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1. Defendant D shall pay to the Plaintiff KRW 62,242,927 and the interest rate of KRW 15% per annum from September 24, 2016 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant D
A. On June 29, 2006, the Plaintiff is the Defendant Company B (hereinafter “Defendant Company”).
(2) Defendant D guaranteed the Plaintiff the Defendant Company’s above loan obligation on June 28, 2007, with interest rate of KRW 200 million on KRW 3% and due date set on June 28, 2007.
3) The Defendant Company repaid the Plaintiff a total of KRW 438 million from July 31, 2006 to August 30, 2012, the Defendant Company: 36% per annum agreed on June 29, 2007; and thereafter, 30% per annum, which is the highest interest rate under the Interest Limitation Act, shall be applied to the interest and principal within the agreed scope; and as a result, the Defendant Company’s repayment of the outstanding principal as of August 30, 2012 is KRW 62,242,927; 4) accordingly, as a joint and several surety of the Defendant Company, the Plaintiff, as the joint and several surety of the Defendant Company, is liable to pay damages for delay calculated on September 19, 2016 at the rate of 15% per annum from September 24, 2016 to September 24, 2016.
(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to claims against Defendant Company and Defendant C and E
A. Basic facts 1) On June 29, 2006, Defendant D remitted KRW 200 million to the account under the name of the Defendant Company as the Plaintiff’s agent. 2) On June 29, 2006 between the Plaintiff and Defendant E, the representative director of the Defendant Company, a notary public, on June 29, 2006, lent the above KRW 200 million to the Plaintiff and Defendant E as a loan by the law firm Law Firm Law Firm No. 822, June 28, 2007, the due date for payment was as the creditor, debtor, Defendant E, Defendant C, and D, a joint and several surety (hereinafter “instant authentic deed”). At the time of the instant authentic deed, Defendant D represented the Plaintiff, and Defendant C represented Defendant E.
3. The defendant company is under the name of the plaintiff from July 31, 2006 to August 30, 2012.