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1. The Plaintiff:
A. As to Defendant B Co., Ltd. and C, jointly and severally KRW 3,976,657,62 and KRW 2,800,000 among them.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) A Mutual Savings Bank Co., Ltd. (hereinafter “SaB”) (hereinafter “SA”)
Defendant B Co., Ltd. (hereinafter “Defendant B”) on December 31, 2008
(i)In entering into a credit transaction agreement with another party and granting a loan of KRW 2,800,000,000 per annum, interest was set at 10% per annum, 22.5% per annum, 22.5% per annum, and the expiration date of the credit was set at December 31, 2009 (hereinafter “Agreement 1”).
(2) On the same day, Defendant C jointly and severally and severally guaranteed the obligation under the Defendant B’s 1 agreement to the non-party bank as the guarantee limit amount to KRW 3,640,00,000. (2) On December 14, 2006, the non-party C concluded a credit transaction agreement with the Defendant B with the Defendant and set the interest at 10.5% per annum, 21% per annum, 200,000,000, respectively, as of December 14, 2007 (hereinafter “the second agreement”); Defendant D jointly and severally guaranteed the obligation under the Defendant B’s 2 agreement to the non-party bank as the guarantee limit amount to KRW 1,20,000,000 on the same day.
3) On December 14, 2007, the credit expiration date of the Agreement No. 2 was extended on December 14, 2008, the non-party bank changed the rate of damages for delay to 22% per annum, and Defendant D also consented thereto. 4) The non-party bank entered into a credit transaction agreement with Defendant B on December 31, 2008 and set interest rate of KRW 10,000,000 per annum in granting a loan to the non-party bank on December 31, 2008 in order to refund the credit obligations under the Agreement, and set the rate of damages for delay as 2.5% per annum, and the credit expiration date as December 31, 2009. The defendant C guaranteed the debt under the above credit transaction agreement to the non-party bank on the same day with the guarantee limit of KRW 1,170,000,000.
5) At the time of March 30, 2011, the sum of principal and interest on loans under Article 1 as at the time of the agreement is KRW 3,976,657,62 (i.e., principal amount of KRW 1,176,657,62). The sum of principal and interest on loans under Article 2 agreement is KRW 1,289,867,493 (principal amount of KRW 900,000,000), including interest, etc. of KRW 389,867,493.