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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) From April 8, 2020, 286,175,800 won and its 82,945,595 won among them
Reasons
1. Facts of recognition;
A. On October 24, 2004, the Plaintiff concluded a collateral guarantee agreement with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on October 24, 2003 to comprehensively provide the Defendant Co., Ltd. with a maximum amount of KRW 60 million on October 24, 2004 (the maturity of the loan amount of KRW 80 million and the maturity was changed to October 24, 2005) and a loan with a rate of 3 months or more per annum 19% per annum (hereinafter “instant one loan”). On March 18, 2005, the network E (hereinafter “the network”).
B. On March 18, 2005, the Plaintiff loaned the Defendant Company a loan of KRW 62 million at the rate of 19% per annum on May 23, 2005 and 3 months or more for delay damages (hereinafter “instant second loan”). On the same day, the Deceased entered into a collateral guarantee agreement to comprehensively provide the Defendant Company’s joint and several surety within the limit of KRW 74 million.4 million.
C. As of April 7, 2020, the Defendant Company’s obligation to the Plaintiff of the instant loan No. 1 to the Plaintiff is KRW 286,175,80 (principal KRW 82,945,595 + interest KRW 203,230,205). The Defendant Company’s obligation to the instant loan No. 2 is KRW 220,308,118 (principal + KRW 62,00,000 + interest KRW 158,308,118).
The deceased died on June 19, 2015, and the Defendant succeeded to the deceased’s property. However, on July 24, 2020, the above Defendant reported the qualified acceptance as to the inheritance of the deceased’s property on July 24, 2020 as Daejeon Family Court Decision 2020Ra94, and the above court rendered a ruling accepting the above qualified acceptance report on August 14, 2020.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally seek to the Plaintiff KRW 286,175,80 of the instant loans and KRW 82,945,595 of the principal among them, within the scope of the agreed damages compensation rate from April 8, 2020 to the date of full payment.