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1. The Defendants jointly and severally do not exceed KRW 12,623,52,308 and among them 8,000,000,000 for the Plaintiff.
Reasons
1. Basic facts
A. On February 1, 2011, the Japanese Savings Bank Co., Ltd. (hereinafter “Nonindicted Bank”) extended a loan of KRW 12% per annum to the golf beauty Co., Ltd. (hereinafter “Nonindicted Company”) with the interest rate of KRW 12% per annum, KRW 25% per annum, and KRW 8 billion per annum on August 1, 2011 (the extension on February 1, 2012 thereafter).
(hereinafter referred to as the “instant loan agreement”) B.
At the time of the loan agreement of this case, Defendant A, B, and the non-party joint and several liability for the loan obligations of the non-party company was determined as the guarantee limit of the non-party bank as 10.4 billion won.
C. On August 1, 2011, Defendant C, D, and E (hereinafter “Defendant C, etc.”) jointly and severally guaranteed the obligation of the Nonparty Company by submitting to the Nonparty Bank each collateral guarantee guarantee amounting to KRW 10.4 billion.
(hereinafter “instant joint and several sureties Agreement”). D.
The non-party company lost its interest on July 3, 2012 due to the non-party company's failure to pay the above loans at once. As of December 24, 2013, the debt amount of the non-party company under the loan agreement of this case was KRW 12,623,552,308 (= interest of KRW 8,000,000,000,000) (i.e., interest of KRW 4,614,614,794,501 interest of KRW 1,842,897,000).
E. Meanwhile, the non-party bank was declared bankrupt on September 14, 2012 by this Court No. 2012Hahap96, and the plaintiff was appointed as the bankruptcy trustee.
[Ground of recognition] ① Judgment by public notice against Defendant A (Article 208(3)3 of the Civil Procedure Act) (2) with respect to Defendant B, the judgment for deeming confession (Article 208(3)2 of the Civil Procedure Act, and the above Defendant only submitted a formal written objection with the original copy of the instant payment order and submitted a formal written objection, and the Plaintiff did not appear on the date of pleading without submitting any subsequent detailed written response, and therefore, all of the Plaintiff’s allegations were led to confession pursuant to Article 150 of the Civil Procedure Act).