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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,00,000 and 17% per annum from July 3, 2014 to September 12, 2014.
Reasons
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 4 as to the cause of the claim and the purport of the entire arguments, the facts are acknowledged as identical to the entry of the cause of the claim and the changed cause of the claim. Barring any special circumstance, according to the above acknowledged facts, the defendants are obligated to pay to the plaintiff damages for delay at the rate of 17% per annum from July 3, 2014 to September 12, 2014, the date of the last delivery of the complaint of this case, and 20% per annum from the following day to the date of full payment.
2. Determination as to Defendant B’s defense
A. At the time of concluding the instant loan agreement with the NACF, Defendant A Co., Ltd. (D Co., Ltd.) provided real estate owned by Nonparty E as collateral and set up a collateral of KRW 1.3 billion with the NACF. However, upon the NACF’s voluntary auction process regarding the secured real estate owned by Nonparty, F, one of the joint and several guarantors of the instant loan obligations, borrowed money from the Japanese Mutual Savings Bank on May 17, 2007 and repaid the principal and interest of the loan to the NACF.
Even if the principal and interest of the instant case were not fully repaid, the NAF exempted the remainder of the principal and interest of the instant case from all obligations upon receiving KRW 80 million from F.
B. According to the statement No. 1-4 of the evidence No. 1-2, around July 2004, the NAF lent the instant loan to Non-Party Corporation G with respect to the real estate owned by the property pledged by the surety on July 5, 2004, and registered the establishment of a neighboring mortgage of KRW 1.3 billion with respect to the real estate owned by the property pledged by the surety, the F, who is the representative director of G, at the time of the establishment of a joint guarantor, was the joint guarantor, the Defendant A signed a contract with the NAF on September 4, 2004, and acquired the obligation of G’s loan to the NAF on the part of the NAF on October 12, 2004.