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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,229,946,548 and the interest rate thereon from January 17, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 22, 2008, Yong-Nam Savings Bank Co., Ltd. (formerly: Yong-Nam Mutual Savings Bank Co., Ltd.; hereinafter collectively referred to as the “Ynam Savings Bank”) loaned KRW 2 billion to Defendant Shin Young Construction Co., Ltd. (hereinafter referred to as “Defendant Shin Young Construction”) at the maturity rate of KRW 5 billion at May 22, 2009, interest rate of KRW 12% per annum, and damages for delay rate of KRW 25% per annum. On the same day, Defendant A and Defendant B Co., Ltd (formerly changed: Company C) guaranteed the above principal and interest amount of loan.
B. After that, Defendant Shin Young Construction pays only interest until July 16, 2009, and the balance of the loans as of January 16, 2014 is KRW 1,729,946,548, and the amount of final delay damages calculated by the ratio of 24% per annum, which is the interest rate for delay under the relevant statutes, from July 17, 2009 to January 16, 2014, remains KRW 1,897,538,536,538,5156, totaling KRW 3,627,484,704 (=the amount of loans plus KRW 1,729,946,548).
C. The Yong-Nam Savings Bank was declared bankrupt on September 26, 2013 by Busan District Court 2013Hahap16, and the Plaintiff was appointed as the bankruptcy trustee on the same day.
The Plaintiff filed a lawsuit against the Defendants seeking a loan payment of KRW 3,627,484,70,000, which is a part of the loan balance, as Busan District Court Decision 2014Da30731, and KRW 500,000,000, which is a part of the loan balance. On January 20, 2015, the Plaintiff was sentenced by the above court that “the Defendants jointly and severally pay to the Plaintiff 3,627,484,704, and KRW 500,000 per annum from January 17, 2014 to the day of full payment” (hereinafter “the final judgment of this case”). The above judgment became final and conclusive around that time (hereinafter “the final judgment of this case”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally borrow the remainder of the remainder of claims filed by the final judgment of this case against the Plaintiff.