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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 430,000,000 and that amount shall be from September 1, 2013 to Defendant B, E, and.
Reasons
Facts of recognition
On March 22, 2013, the Plaintiff entered into a contract for lending KRW 700 million to Defendant B Co., Ltd. (hereinafter “Defendant B”) at interest rate of KRW 500 million per month (hereinafter “instant lending contract”). The Plaintiff agreed to pay the Plaintiff the interest of KRW 700 million by no later than the 5th day of each month, and KRW 400 million out of KRW 700 million by July 31, 2013, and the remaining KRW 300 million by August 31, 2013.
In addition, Defendant C, D, E, and F guaranteed the obligation to return the principal and interest of the loan to the Plaintiff on the same day.
According to the instant loan agreement, the Plaintiff paid KRW 220 million to Defendant B on March 22, 2013, KRW 50 million on March 25, 2013, KRW 50 million on April 5, 2013, KRW 20 million on April 6, 2013, KRW 70 million on April 6, 2013, and KRW 360 million on April 18, 2013.
On May 9, 2014, the Plaintiff drafted a loan payment agreement with Defendant B, F, and Defendant B to the effect that “Defendant B shall repay KRW 700 million borrowed under the instant loan agreement, and Defendant F shall stand a joint and several surety for the said obligation.”
[1] The grounds for recognition] Defendant B, C, and E: (a) there is no dispute; (b) the written evidence Nos. 1, 2, 3, and 7; and (c) the purport of the entire pleadings; and (c) Defendant D: (a) Defendant F: (a) under Article 208(3)3 (Service by Public Notice) of the Civil Procedure Act (amended by Presidential Decree No. 25376, Jun. 14, 2014); (b) where there is an agreement rate exceeding the statutory interest rate in a monetary loan agreement on the grounds for a claim under Articles 208(3)2 and 150(3) (i) of the Civil Procedure Act; (c) pursuant to Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014); and (d) the provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 14, 2014, 20707). 207. 207.