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1. The Defendants shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from October 23, 2016 to December 22, 2016.
Reasons
1.The following facts of recognition do not conflict between the Parties:
On February 25, 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement with Han Bank Co., Ltd. (hereinafter “ Han Bank”) on the loan limit of KRW 200 million and USD 140,000,000 in the amount of payment guarantee with respect to the income of New Zealand from New Zealand, and the amount of payment guarantee agreement with New Zealand. In order to secure the Defendant Company’s obligations due to the said credit transaction agreement, the Plaintiff set up a maximum debt amount of KRW 240,00,000 in the amount of DNA apartment No. 116, 601 (hereinafter “instant apartment”) owned by Hannam-gu, Sungnam-gu, Sungnam-gu, Seoul, with a view to securing the Defendant Company’s obligations due to the said payment guarantee agreement with Han Bank on the same day.
B. On July 7, 2016, the Plaintiff sold the instant apartment on the following occasions: (a) repaid 300 million won in total to Han Bank the secured debt amount of each of the above-mortgage; and (b) received the registration procedure for cancellation of the registration of the establishment of each of the above-mortgage from Han Bank on September 22, 2016.
C. On September 22, 2016, the Plaintiff and the Defendant Company agreed to convert the indemnity amount of KRW 300 million into the loan (hereinafter “instant loan”) (hereinafter “instant quasi-loan”), the loan period from September 22, 2016 to September 22, 2017, the interest rate shall be 6% per annum (22% per annum, and 24% per annum, and the interest rate shall be 22% per annum, and the interest rate shall be 24% per annum, and the Defendant C jointly and severally guaranteed the Defendant Company’s debt on the same day.
However, after Defendant Company paid only 1.5 million won interest to the Plaintiff on October 22, 2016, the interest on the instant loan is paid.