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1.For the plaintiff:
Defendant A Co., Ltd. shall pay 500,983,561 won and 300,000,000 among them, from August 27, 2014 to November 20, 2014.
Reasons
1. The amount of loan extended on the date of loan of the loan of the recognized subject (hereinafter “loan 1”) in foreign currency certificate loan (hereinafter “loan 1”) on June 206, 2008, Japanese trade bill loan of KRW 52 million (hereinafter “No. 2”) (hereinafter “Loan 1”).
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) agreed to pay damages for delay at the interest rate (19% per annum) set by the foreign exchange bank (hereinafter “foreign exchange bank”) from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) and received loans as follows:
Defendant B and C set each guarantee limit of KRW 500 million and guaranteed the obligations of KRW 1 and 2.
B. The foreign exchange bank filed an application for voluntary auction on secured real estate and appropriated the dividends in the auction procedure for the payment of some of the claims for the first and second loans, as the Defendant A delayed the repayment of the claims for the first and second loans.
C. Accordingly, the principal of the first loan claim is KRW 265,49,190, and the damages for delay from February 16, 201 to August 26, 2014, from February 16, 2011, to August 26, 2014, which is the date following the date of final application for repayment of the principal, KRW 177,836,412, and the principal of the second loan claim is KRW 200,00,000, and damages for delay during the same period are KRW 133,989,041.
Loans Nos. 1 and 2 have been transferred in succession thereafter, and the Plaintiff was finally assigned on June 3, 2013.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including the number with each number), and the purport of the whole pleading
2. According to the facts of the above recognition, as the Plaintiff seeks, Defendant A may seek from the Plaintiff, the amount of KRW 100 million out of the principal of the loan claim 1 and the amount of KRW 6,94,520 per annum from February 16, 201 to August 26, 2014 (i.e., KRW 19,100 x 19/100 x 1287/365 x 1287/365), and the agreed delay damages at the rate of KRW 13,989,041 per annum 500,983,561 (i.e., KRW 100,000, KRW 266,94, KRW 520, KRW 13,989, KRW 989, KRW 989, KRW 14,014).