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1. The Defendants jointly and severally pay to the Plaintiff KRW 359,243,510 as well as KRW 271,43,342 as well as full payment from July 5, 2017.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 8 as to the cause of the claim, the Plaintiff loaned KRW 275 million to the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 18, 2014 by designating a total of 48 months of loan period, interest rate of loans 9.9% per annum, interest rate of arrears, 24% per annum, and equal repayment of principal and interest, etc.; ② at the time, Defendant B guaranteed the Defendant Co., Ltd’s debt owed to the Plaintiff within the limit of KRW 275 million; ③ Defendant Co., Ltd lost profits due to delayed payment of principal and interest payment since April 2015; and the Plaintiff received dividends from the Cheongju District Court in the case of construction machinery auction of construction machinery C, which was provided as security at the time of the instant loan.
Meanwhile, on July 4, 2017, the Plaintiff asserted that the total amount of KRW 271,43,342, interest of KRW 83,082,642, and KRW 6,337,859, as of July 4, 2017 remains 360,853,843. However, the payment order, delivery charges, correction charges, and KRW 1,610,333 of the total amount of KRW 6,37,859 can be compensated through the procedure for the determination of litigation costs after the instant judgment became final and conclusive. As such, only KRW 4,727,526 (= KRW 6,37,859), 1,610,3333) is recognized.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 359,243,510 won (=360,853,843 won - 1,610,333 won) and damages for delay calculated by the rate of 24% per annum from July 5, 2017 to the date of full payment of the interest rate of 271,43,342 won.
2. The Defendants asserted as to the Defendants’ assertion: (a) the Defendant Company purchased astronomical air on July 17, 2014; (b) obtained a loan from the KT Capital Capital Co., Ltd. (hereinafter “KT Capital”); and (c) the KT Capital recovered air around August 2015 and did not settle the remaining amount of debt thereafter; and (d) accordingly, the Plaintiff’s calculation of the principal and interest is also unjust.
The plaintiff, 1. The plaintiff on 2016.