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1. The Defendants jointly and severally pay to the Plaintiff KRW 48,985,455 as well as KRW 46,819,102, among them, from September 9, 2016.
Reasons
1. Basic facts
A. On January 20, 2010, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “A”), which provides that the Plaintiff shall lend KRW 265,00,000 to A at an annual interest rate of 10.5% per annum, and one year from the maturity date (hereinafter “the instant credit transaction agreement”), and deposited the loan to A around that time, and on the same day, Defendant B guaranteed the Defendant B’s loan obligations against the Plaintiff under the instant credit transaction agreement.
B. On February 23, 2015, the Plaintiff, in the instant case of a real estate auction, took measures to collect the dividend received as an applicant creditor and a mortgagee, such as appropriation for the repayment of the principal of the loan in connection with the instant credit transaction agreement, and the Plaintiff still remains 48,985,455 won (i.e., failed interest on the current credit transaction agreement (i., failed interest, KRW 46,819,102) (i.e., failed interest, KRW 63,725).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 9, 2016 to the date of full payment, which is the day following the service of the original copy of the instant payment order, to the day of service of the original copy of the instant payment order.
3. In conclusion, each of the claims against the Defendants of this case against the Plaintiff is justified and it is so decided as per Disposition.