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1. The Defendants jointly and severally pay to the Plaintiff KRW 32,394,957 and KRW 31,027,782, among them, shall be fully paid to the Plaintiff from April 26, 2014.
Reasons
1. Facts of recognition;
A. On August 28, 2013, the Plaintiff loaned KRW 31,900,000 to Defendant Incorporated Incorporated Company A (hereinafter “Defendant A”) for a loan period of 60 months, and at 7.9% per annum (hereinafter “instant loan agreement”), and Defendant B guaranteed Defendant A’s obligation to pay the principal and interest pursuant to the instant loan agreement on the same day.
B. At the time of the instant loan agreement, Defendant A agreed to lose the benefit of time and to repay the remaining principal and the damages for delay calculated by adding 24% per annum to the remaining principal and the damages for delay.
C. Defendant A lost the benefit of time on April 25, 2014 due to Defendant A’s failure to perform its obligation to repay loans under the instant loan agreement.
The details of the principal and interest of loans, etc. unpaid by the Defendant until April 25, 2014 are as follows.
1) The loan principal amounting to KRW 872,218,218,3) plus KRW 32,394,957 (based on recognition) plus KRW 32,394,957 (based on recognition) plus KRW 32,394,957 (based on recognition) plus KRW 31,027,782,782, the remainder of the loan principal plus KRW 31,02,782,40,782, excluding the paid principal from the loan principal) due to the due date (1,178,787, 57) (5), and the purport of the whole pleadings.
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 32,394,957 won in total, and damages for delay calculated at the rate of 24% per annum from April 26, 2014 to the date of full payment, with respect to the loan principal of KRW 31,027,782, which is the day following the date of loss of term interest.
As to this, the Defendants issued a certificate of personal seal impression on behalf of the Defendant B while the third party entrusted the representative director of the Defendant A to the Defendant B, and let the Defendant B affix the corporate seal impression under the loan agreement of this case, and make the Defendant B affix the seal impression of the Defendant A to the vehicle.