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1. The Defendants jointly and severally pay to the Plaintiff KRW 65,736,295 and KRW 44,66,301, out of which are paid to the Plaintiff, from May 11, 2018.
Reasons
1. Facts of recognition;
A. On October 31, 2014, Defendant A Co., Ltd. (hereinafter “A”) obtained a loan of KRW 85,000,000 from the Plaintiff on a yearly interest rate of KRW 10.9% per annum, overdue interest rate of KRW 25% per annum, and the repayment period of KRW 60 months (hereinafter “instant loan”), Defendant C, and C (hereinafter “D”) were jointly and severally guaranteed by Defendant A’s above loan obligation amount of KRW 102,00,000 on the same day.
B. Defendant A delayed the repayment of the principal and interest of the instant loan and lost the benefit of February 1, 2017. As of February 13, 2017, the details of the instant loan obligation as of February 13, 2017 are KRW 57,721,891, interest 2,024,875, interest 363,497, interest 430,448, interest 430,711.
C. Meanwhile, the Plaintiff received dividends of KRW 18,492,717 from May 9, 2018 in the auction procedure based on the mortgage on the instant loan (E) and appropriated it for the instant loan obligation. As a result, as of May 10, 2018, the instant loan obligation remains in KRW 44,66,301, interest 2,024,875, interest interest 2,615,096, interest 16,430,023, interest 65,295.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff damages for delay calculated at the rate of 13.9% per annum under the provisions on overdue interest rates of credit financial institutions within the scope of overdue interest rate from May 11, 2018, which is the following day of the above base date, as to KRW 65,736,295 of the principal and KRW 44,66,301 of the principal, to the Plaintiff. Defendant C and D, a joint and several surety, are liable to pay to the Plaintiff within the maximum of KRW 102,00,000 of the maximum amount of the guaranteed debt.
3. Conclusion, the Plaintiff’s claim against the Defendants is accepted on the grounds that all the claims are reasonable, and it is so decided as per Disposition.