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1. The Plaintiff, Defendant A’s agricultural partnership: KRW 445,955,611 and KRW 280,000 among them, from January 3, 2018 to January 3, 2018.
Reasons
1. Facts of recognition;
A. On May 16, 201, the Small and Medium Business Corporation (hereinafter referred to as the “Small & Medium Business Corporation”) extended a loan of KRW 280,000,000 to Defendant A Agricultural Partnership (hereinafter referred to as the “Defendant Company”) at an annual interest rate of 4.19%, annual interest rate of 12%, annual interest rate of delay damages, and by May 15, 2016.
The principal shall be repaid for a period of two years, and shall be repaid every three months in equal installments according to the schedule of repayment of principal and interest.
Defendant B set the guarantee limit amount to KRW 36,000,000, and guaranteed Defendant B’s obligation to repay the principal and interest of Defendant Company’s loan.
B. On January 15, 2013, Defendant Company lost the benefit of time by delaying the repayment of the principal and interest of the loan.
C. On September 23, 2015, Nonparty 2 transferred the principal and interest of a loan to the Plaintiff and notified the Defendants of the transfer of the claim by content-certified mail.
The sum of the principal and interest of the loan accrued until January 1, 2018 is KRW 445,955,661 (the principal of KRW 280,00,000) and KRW 165,955,661).
[Grounds for recognition] Gap 1, 2, 3, and 4; the purport of the whole pleadings
2. Determination
A. According to the above facts, as to the Plaintiff’s total amount of KRW 445,95,661 and the principal amount of KRW 280,00,00,00, the Defendant Company is obligated to pay to the Plaintiff 445,955,661, as well as the amount of KRW 280,000,00, the amount of the loan principal from the following day to January 1, 2018, the agreed interest rate of KRW 12% per annum until February 13, 2018, and the amount of KRW 15% per annum as prescribed by the Act on Special Cases concerning
B. Defendant B, as a guarantor of the above loan agreement, is obligated to pay the money set forth in the above paragraph (a) jointly with the Defendant Company within the scope of KRW 336,00,000,000, which is the guarantee limit. However, Defendant B is obligated to pay KRW 336,00,000, since the total amount of principal and interest accrued up to the date of closing argument
3. The plaintiff's claim against the defendant company in conclusion is justified, and the claim against the defendant B is made.