beta
Text
1. The Defendants jointly and severally pay to the Plaintiff KRW 68,05,834 as well as KRW 37,800,000 among them, from January 26, 2015.
Reasons
1. Facts of recognition;
A. On June 19, 2006, the Bankrupt Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) concluded a credit transaction agreement with Defendant A on June 19, 2006 and lent D apartment 214, 804, 305, and 1002 (hereinafter “instant apartment”) totaling KRW 37,80,000 (=18,90,000,000 won) as loans for the sales contract amount of the D apartment 214, 804, and 305, and 1002 (hereinafter “instant apartment”).
The lending term has been extended over one year on several occasions. On June 27, 2011, the Promotion Savings Bank concluded a credit transaction agreement with Defendant A to extend only the lending term by April 15, 201 and to extend the total amount of loans to 37,800,000 won on June 27, 2011, with interest rate of 12% per annum and 25% per annum.
B. At the time of each credit transaction agreement, Defendant B guaranteed Defendant A’s loan obligations against the Plaintiff.
C. Defendant A delayed the payment of interest from October 27, 201, and the principal and interest of the instant loan amounting to KRW 68,05,824 as of January 25, 2015 (i.e., principal amount of KRW 37,800,00 interest rate of KRW 30,255,834).
On the other hand, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by the Seoul Central District Court 2013Hahap64, and the plaintiff was appointed as the trustee in bankruptcy on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 through 3, 2, 3-1, 2, 4-1, 2, 5-2, 6-1, 9-1, 2, 10, 11-1 through 3-3, and the purport of the whole pleadings
2. According to the above facts of determination as to the assertion on the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the overdue interest rate from January 26, 2015 to the date of full payment, with respect to the total amount of the principal and interest of 68,05,824 won under each credit transaction agreement of this case and the principal of the loan of 37,800,000 won.