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1. The Defendant’s KRW 1,00,000,000 as well as 25% per annum from October 28, 2017 to April 29, 2018, and the following.
Reasons
1. Basic facts
A. (1) The Plaintiff is a savings bank that runs the business of receiving credit, etc.
(2) B Co., Ltd. (hereinafter “B”) is a company that carries out a new apartment construction project (hereinafter “instant project”) in the amount of approximately 7,816, such as Kui-gu, Young-gu, Seoul, and D Co., Ltd. (hereinafter “D”) is a major shareholder of D and the representative director.
B. A lender comprised of seven financial institutions including the Plaintiff, etc. (1) related to the instant loan and the Defendant’s guarantee, etc., decided to grant a project financing (PF) loan up to 45 billion won as security for the instant project site, etc. in relation to the instant project.
Accordingly, on February 13, 2007, the Plaintiff loaned KRW 10 billion to B at the rate of 25% per annum on February 13, 2008, interest rate of KRW 9.8% per annum, delay damages (hereinafter “instant loan”). On the same day, E and D, the representative director B, respectively, jointly and severally guaranteed the B principal obligation, and the Defendant also jointly and severally guaranteed the B principal obligation within the limit of KRW 12.3 billion.
(2) Since then, the Plaintiff, B, and guarantors, including the Defendant, changed the repayment period of the instant loan to November 13, 2008, and the interest to 11% per annum, but thereafter changed to 9.5 billion won, and the repayment period to 13 May 2009 and the interest to 14% per annum.
C. (1) Since then, D’s credit risk assessment conducted by creditor financial institutions under Article 2(1) of the former Corporate Restructuring Promotion Act (amended by Act No. 8572, Dec. 31, 2010; hereinafter “Corporate Restructuring Act”) was classified as an enterprise showing signs of insolvency. The 45 creditor financial institutions against Korea Bank (hereinafter “Korea Bank”) and D including the Plaintiff are the principal creditor bank under the Corporate Restructuring Promotion Act.