Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts subsequent to the underlying facts do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1 and 2 (except for the part following the defendant B's name among evidence No. 1).
(1) On April 2, 2012, the Plaintiff entered into an agreement on credit transaction with the following agricultural products in the name of Defendant B in the primary debtor column:
(hereinafter “instant agreement.” Meanwhile, the Plaintiff’s main branch located in Yang-gun-gun-gun-gun-gu (hereinafter “Plaintiff D branch”) was led, and not more than the Plaintiff referred to as “Plaintiff D branch”). (2) Defendant C jointly and severally guaranteed the Defendant B.
(3) Terms and conditions of the instant agreement are as follows: (a) the amount of credit transaction on Defendant B: KRW 45 million (Article 6) settlement (Article 6). (1) The settlement shall be made by adding 8.5% per annum to the amount of credit settlement after the lapse of 30 days of the interest-free credit period.
(2) The 15% overdue interest per annum shall be adjusted equally from the day following the credit date to the day of settlement.
C) Tallying (Article 5) ① The Plaintiff shall deliver the goods ordered by the Defendant to the designated date and to the designated place. ② When the Plaintiff delivered the goods, the Plaintiff shall submit a statement of transaction and receive a written receipt of the goods from the tallyman designated by the Defendant: up to April 2, 2013.
B. As of November 20, 2013, the principal and interest under the instant agreement are KRW 52,808,251 (i.e., the agreement on the payment of the principal of credit transaction amounting to KRW 44,990,400 (i.e., overdue interest amounting to KRW 3,509,867), and KRW 4,307,984).
2. The assertion and judgment
A. (1) According to the determination on the Plaintiff’s claim, barring any special circumstance, Defendant C is obligated to pay to the Plaintiff the principal and interest of KRW 52,808,251 under the instant agreement (i.e., the interest rate of KRW 44,990,400 on credit transaction principal amounting to KRW 3,509,867 interest rate of KRW 4,307,984) and the interest rate of KRW 44,90,40 on KRW 44,90,00 among them, barring any special circumstance.
(2) Determination on Defendant B’s part