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1. The Plaintiff:
A. Defendant A shall complete the payment of KRW 136,583,611 and KRW 43,968,469 among them.
Reasons
1. Facts of recognition;
A. Defendant A borrowed KRW 30 million from the Plaintiff on September 3, 2002. As of September 24, 2014, Defendant A borrowed the loan amounting to KRW 30 million. As of September 24, 2014, KRW 1,168,469, interest rate of KRW 1,168,30, interest rate of KRW 7,810,59, interest rate of KRW 12,947,368, interest rate of KRW 18% per annum.
B. On September 5, 2003, Defendant A received a loan of KRW 40 million from the Plaintiff, and at this time, the network E obtained the Defendant’s debt within the limit of KRW 52 million, and on September 24, 2014, Defendant A guaranteed the Defendant A’s joint and several surety (limited guarantee). As of September 24, 2014, the said loan’s debt is KRW 40,000,000, interest amount of KRW 49,909,69,69, interest amount of KRW 78,726,574, and overdue interest amount of KRW 123,636,243, a year, and the overdue interest rate applicable to the said loan’s debt is KRW 18% per annum.
C. Meanwhile, on July 8, 2012, the network E died of Defendant B, C, and D, the spouse of Defendant A and his/her children, who were his/her spouse, and Defendant B was accepted as the net 2012-Ma940 of the Gwangju Family Court’s Family Court, and Defendant C and D respectively as the same court’s 2015-Ma217.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, 2-1 to 5, 3 through 5, and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, Defendant A is obligated to pay as a principal debtor the total amount of principal and interest of KRW 136,583,61, and delay damages calculated at the rate of 18% per annum from September 25, 2014 to the date of full payment.
In addition, Defendant B, C, and D are jointly and severally liable with Defendant A to pay 27,474,720 won and 8,88,88,888 won each of the above principal and interest of loan (2/9 of each of the above principal and interest of loan) within the limit of property inherited from each network E at the rate of 18% per annum from September 25, 2014 to the date of full payment. Since each of the limit of collateral guarantee amount is 11,55,555 won (5,00 won x 52,00,000 x 2/9,000 won x less than won), each of the above limit of collateral guarantee amount is obligated to pay KRW 11,55,555 won per annum.
3. The Defendants’ determination on the statute of limitations defense shall be made.