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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 420,000,000 and 25% per annum from September 13, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On August 18, 2009, the Plaintiff leased KRW 3 billion interest rate of KRW 16% per annum to Defendant A Co., Ltd. (hereinafter “Defendant A”), KRW 25% per annum, and due date of repayment on February 18, 2010. On the same day, Defendant Southern River Construction Co., Ltd. (hereinafter “Defendant Southern River Construction”) and Defendant B jointly and severally guaranteed the above loan obligations of Defendant A.
B. Since then, with the consent of Defendant Southern Construction and Defendant A, the Plaintiff and Defendant A changed the due date to 14% on August 8, 2010, and the interest rate to 14% per annum, but the due date was changed to October 27, 201, and the repayment period was changed to 201. On October 27, 2011, the due date was changed to 13% per annum on July 20, 201 and the interest was changed to 13% per annum. Meanwhile, on October 27, 2011, Defendant Sejong District Development Co., Ltd. (hereinafter “Defendant Sejong Special Development”) additionally jointly and severally guaranteed Defendant A’s debt obligations.
C. However, as of June 13, 2017, Defendant A bears the obligation of KRW 4,687,634,196, including the principal amount of KRW 1,182,081,602 and interest and delay damages for delay against the Plaintiff as of June 13, 2017, including KRW 3,162,732,876.
【Ground of recognition】 Evidence No. 1, Evidence No. 2-1 through 5, Evidence No. 3-1, 2, 3, and the purport of the whole pleadings
2. According to the facts of the above recognition, Defendant A, as the principal debtor, is jointly and severally liable to repay the above principal and interest of the loan to the Plaintiff as joint and several suretys, and Defendant A is obligated to pay the Plaintiff the above principal and interest of the loan. As such, Defendant A, as part of its joint and several suretys, is obligated to pay the Plaintiff the amount of KRW 420 million,00,000 and the damages for delay of 25% per annum as stipulated in the above agreement from September 13, 2017 to the date of full payment, which is the day following
3. Thus, the plaintiff's claim is justified.