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1. The Defendants jointly and severally pay to the Plaintiff KRW 240,331,05 and KRW 60,576,974, among themselves, from July 21, 2018.
Reasons
1. Facts of recognition;
A. On September 12, 2002, Defendant A Co., Ltd. (hereinafter “A”) borrowed KRW 50,000,000 from the Plaintiff as the loans for general working capital from the Plaintiff on December 12, 2003, with the maturity of KRW 150,000,000 as the maturity of payment as of September 10, 2004 (hereinafter “the instant loans”); and Defendant A, the representative director of Defendant A, guaranteed the said loans with joint and several liability.
B. Defendant A did not repay the loan of this case after the due date. On November 6, 2008, the Plaintiff filed a claim against the Defendants for the return of the loan of this case with the Seoul Central District Court 2008Kadan392713. On April 17, 2009, the above court rendered a judgment that “the Defendants jointly and severally paid to the Plaintiff 134,932,101 won and 60,576,974 won with 21% interest per annum from November 1, 2008 to the date of full payment” (hereinafter “prior final judgment of this case”). The above judgment became final and conclusive on June 11, 2009.
C. Meanwhile, as of July 20, 2018, the current status of the principal and interest of the instant loan as of July 20, 2018 is as follows.
The overdue interest rate for interest accrued in the balance of principal 150,00,000 won 8,114,164 won 130,204,204,108 won per annum 15% per annum 210,576,974 won per annum 12,503,584 won per annum 28,932,225 won per annum 60,576,974 won per annum 20,576,617,748 won per annum 159,136,333 won, 240,31,055 won per annum 159,748 won per annum 159,136,33 won per annum 240,31,05 won per annum / [Grounds for recognition] the fact that there is no dispute
2. Determination
A. 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 the sum of principal and interest, etc. up to July 20, 2018, 240,331,055 won, which is the base date, and damages for delay calculated at the rate of 15% per annum from July 21, 2018 to the date of full payment as to KRW 60,576,974, which is the balance of principal.
B. As to the Defendant’s assertion, one of the Defendant is to proceed with the extinctive prescription from December 12, 2003 and September 12, 2004, which is the due date for the instant loan obligations.