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1. The Plaintiff:
A. Defendant A shall complete the payment of KRW 514,058,064 and KRW 254,113,471 among them from August 26, 2014.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) Defendant A borrowed KRW 200 million from the New Savings Bank (hereinafter “Stock Bank”) on September 14, 2006. The term of credit transaction was September 4, 2010, adding 7.1% per annum to the standard interest rate, and the overdue interest rate was set at 25% per annum as the interest rate added 12% per annum to the loan interest rate by applying Article 3(5) of the Framework Act on Credit Transaction in Mutual Savings Bank. In this case, Defendant B guaranteed Defendant A’s debt to the New Savings Bank within the limit of KRW 260 million.
(2) On September 14, 2010, the loan term extended on February 10, 2011, and the loan interest rate increased by 13% per annum.
(3) In other words, the loan limit has increased on February 10, 201. At this time, the credit transaction period was August 10, 201, the loan interest rate was 12.7% per annum, and the compensation rate for delay was applied Article 3(5) of the Framework Act on Credit Transactions by Mutual Savings Bank. On the same day, Defendant B guaranteed the Defendant A’s obligation to the Plaintiff within the limit of KRW 494 million.
(4) As of August 26, 2014, the balance of loans as of August 26, 2014 is the principal of KRW 254,113,471; interest or delay damages; KRW 259,94,593; total of KRW 514,058,064; and from August 26, 2014, the rate of delay damages under Article 3(5) of the General Terms and Conditions for Credit Transactions by mutual savings banks is 25% per annum.
(5) On October 29, 2013, the New Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap161, and the Plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 7, the purport of the whole pleadings
B. According to the above facts of determination, barring any special circumstance, Defendant A shall pay to the Plaintiff the total amount of KRW 514,058,064 as well as the principal amount of KRW 254,113,471 as well as damages for delay calculated at the rate of 25% per annum from August 26, 2014 to the date of full payment, and Defendant B shall be jointly and severally liable with Defendant A.