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The Defendants are jointly and severally liable to the Plaintiff for 643 million won and 24% per annum from September 17, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates a new and renewable energy credit business and a loan brokerage business, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that operates solar power plants and new and renewable energy-related business, and Defendant C is the representative director of the Defendant Company.
B. The Defendant Company: (a) KRW 740 million from the Plaintiff on February 12, 2019; (b) however, the amount actually executed for the loan is KRW 643 million as follows.
B. On February 20, 2019, the date of loan commencement, August 20, 2019, interest rate of 10.5% per annum, overdue interest rate of 13.5% per annum, and (hereinafter “instant loan”). The Plaintiff and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff for the guarantee period from February 20, 2019 to August 20, 2019.
C. The instant loan transaction agreement prepared at the time stated as follows: “The Defendant Company approves that the Plaintiff’s standard terms and conditions of loan transaction and the online platform loan use terms and conditions are applied in conducting loan transactions with the Plaintiff, and undertakes each of the following (special terms and conditions).”
The terms and conditions of loan transaction and the terms and conditions of the above special agreement related to the instant case (hereinafter “instant special agreement”) are as follows.
Article 9 (Bearing Expenses) of the Standard Terms and Conditions for Loan Transactions (1) The following expenses shall be borne by the borrower:
1. Article 15 (Loss of Maturity of Maturity) (2) Any of the following events occurs to the borrower shall lose the benefit of time:
However, the plaintiff shall notify the borrower of the fact that the debt is delayed and the benefit resulting therefrom is lost by no later than seven business days prior to the due date, and if the notification is not made by no later than seven business days prior to the due date, the borrower shall be notified of the fact.