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The Plaintiff
A. Defendant C shall pay KRW 232,087,658 and KRW 16,954,867 among them from October 28, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On January 31, 2012, the Plaintiff entered into a credit transaction agreement (hereinafter “credit transaction agreement of this case”) with Defendant C, which was set out as of January 31, 2013, on a credit extension loan of general capital, credit amount of KRW 570,000,000 per annum, interest rate of KRW 10.5% per annum, interest rate of delayed compensation, 22.5% per annum, and payment period, and paid the said loan to Defendant C.
B. On September 28, 2012, the Plaintiff entered into a credit transaction agreement as of October 28, 2012 (hereinafter “credit transaction agreement of this case”) with Defendant C, under which the Plaintiff paid the said loan to Defendant C, with a general loan of the credit subject amounting to KRW 60,000,000 per annum, interest rate of KRW 10.5% per annum, interest rate of delayed compensation, 22.5% per annum, and payment date.
At the time, Defendant D and E guaranteed the obligation owed by Defendant C to the Plaintiff under the credit transaction agreement of this case No. 2.
B. On September 28, 2012, Defendant D and E entered into a comprehensive renewal guarantee agreement with the Plaintiff on the condition that Defendant C will provide a joint and several surety within the limit of KRW 78 million with respect to all of the current and future obligations owed by Defendant C against the Plaintiff.
(c)
Meanwhile, the loan interest rate of 92,253,742 won under the instant credit transaction agreement (i.e., the amount of KRW 16,954,867 plus the amount of KRW 75,298,875), which was incurred until October 27, 2019 under the instant credit transaction agreement (i.e., the amount of KRW 16,954,867 plus the amount of KRW 16,87). The loan interest rate of KRW 139,83,916 (i.e., the amount of KRW 55,00,000 + the amount of KRW 5,00,000 under the instant credit transaction agreement (the Plaintiff was the person who was paid KRW 5,00,000 out of the principal amount under the instant credit transaction agreement) is KRW 84,83,916].
【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, barring special circumstances, Defendant C, the principal of each of the credit transaction agreements of this case Nos. 1 and 2, is the Plaintiff: (i) the sum of the loan principal amount of KRW 232,087,658 (= KRW 92,253,742 Won 139,83,916); and (ii) the remaining principal amount of said remainder.