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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,570,543,79 as well as KRW 1,367,328,156 as of March 21, 2005.
Reasons
1. Determination on the cause of the claim
A. The following facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings as a whole in the entries in Gap evidence 1-1, 2, and 2:
1) The Mutual Saving and Finance Company of Korea shall set the interest rate of 24% per annum and 36% per annum to Defendant A, and ① on June 30, 1998, KRW 250,000,000 due date for repayment shall be set as June 30, 1999 (hereinafter “first loan”).
(2) The repayment period of KRW 800,000,000 on August 8, 1998 shall be determined and extended on August 8, 1999 (hereinafter “second loan”).
(3) The repayment period of KRW 200,000,000 on September 1, 1998 shall be determined as of September 1, 1999 and shall be extended (hereinafter “third loan”).
(4) On October 30, 1998, KRW 125,000,00 due date was determined and extended on October 30, 1999 (hereinafter “No. 4 loan”).
(2) Defendant B and C jointly and severally guaranteed each of the above loans owed by Defendant A to the Mutual Saving and Finance Company of Korea.
3) As a mutual savings and finance company for a stock company becomes bankrupt, the trustee in bankruptcy was changed from the Plaintiff on April 16, 2003 to the current trade name on November 10, 2009 (the Plaintiff on November 10, 2009).
(4) The Plaintiff filed a lawsuit against the Defendants and C as Seoul Central District Court Decision 2003Kadan43078, and on April 28, 2005, “the Defendants” from the above court jointly and severally against the Plaintiff as KRW 1,375,000,000 and its amount.
(a) 30% per annum from December 9, 1998 to March 7, 1999; 26% per annum from the following day to October 8, 1999; and 23% per annum from the following day to the full payment date;
B. As regards KRW 125,00,000, 30% per annum from December 31, 1998 to March 7, 1999; 26% per annum from the following day to October 8, 1999; and 23% per annum from the following day to the full payment date;
(c) in 200,000,000;