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1. The Plaintiff:
A. As to KRW 73,630,136 and KRW 50,000 among them, Defendant A Co., Ltd. shall start from September 15, 2017.
Reasons
1. Basic facts
A. On June 23, 2008, the Personal Savings Bank Co., Ltd. (hereinafter “Personal Savings Bank”) entered into a credit transaction agreement between the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with 165,000,000 won per annum, interest rate of 12% per annum, and damages rate of 23% per annum by applying Article 3(5) of the General Terms and Conditions for Credit Savings Bank’s Credit Savings Bank’s interest rate of 23% per annum. Defendant B, the representative of the Defendant Co., Ltd., entered into a joint and several guarantee agreement between the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).
B. On July 23, 2014, the Personnel Savings Bank transferred all of the claims against the Defendant Company to the Plaintiff, and on August 8, 2014, sent a content-certified mail containing the Defendants’ transfer of claims.
C. The principal of the Defendant Company’s loan as of September 14, 2017 is KRW 122,448,996; interest and delay damages are KRW 243,027,687 (= KRW 115,076,874 (= KRW 127,950,813).
[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 7, the fact-finding inquiry and reply to the Personal Savings Bank of this Court, the purport of the whole pleadings
2. According to the above facts of determination, as the plaintiff seeks as part of the claim, the defendants jointly and severally have a duty to pay the plaintiff 73,630,136 won and 50,000,000 won from September 15, 2017, which is the day following the date of final calculation of damages for delay, to the day of full payment, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, as requested by the plaintiff, and Defendant B has a duty to pay the above money within the limit of 214,50,000 won.
The Plaintiff claimed for the payment of damages for delay from September 14, 2017. However, according to the evidence No. 2, the final calculation date of damages for delay is September 14, 2017. Thus, the Defendants shall be held liable for delay from the following day.
Therefore, the damages for delay exceeds the above recognition.