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1. Defendant A, B, and Defendant (Counterclaim Plaintiff) C are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 354,48,123 and this.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Determination on the main claim
A. Determination 1 as to the cause of the claim 1) The following facts do not conflict between the parties, or may be recognized by comprehensively taking into account the overall purport of the pleadings in each entry in Gap evidence Nos. 1 through 8 (including each number), respectively.
A) A loan of KRW 1.3 billion was extended from May 9, 201 to May 9, 2012, 201, and the interest rate of KRW 8.5% per annum, which is “the base rate for fluctuation,” and such change was possible when there are grounds for credit rating fluctuations. The loan was granted by setting the amount of KRW 1.3 billion plus KRW 7% at the time of arrears within 30 days, exceeding 30 days, exceeding 90 days, and exceeding 9% at the time of exceeding 90 days (hereinafter “instant loan”).
(2) Defendant B and C jointly and severally guaranteed the performance of the obligation of the instant loan owed by Defendant Company with the guarantee limit of KRW 1.69 billion. ③ Defendant Company was unable to timely repay the instant loan. Accordingly, the Plaintiff’s land C, which was trusted by the Defendant Company to Korea Asset Trust Co., Ltd. (hereinafter “instant trust land”).
(2) On April 10, 2013, the Defendants filed an application for the disposition of collateral with respect to the above land and received payment of KRW 1,280,268,556 in the sale procedure for the above land, and did not receive the remainder of KRW 354,48,123 ( KRW 1,634,756,679 - repaid amount of KRW 1,280,268,556). Therefore, the Defendants jointly and severally (the Defendant Company is the primary debtor, and the Defendant Company and C is the joint guarantor) and jointly (the Defendant Company is the primary debtor, and the Defendant Company and C is jointly and severally and severally liable for damages at the rate of KRW 354,48,123 from April 10, 2013 to the date of delivery of a copy of the complaint of this case (the date of delivery of a copy of the complaint of this case from the day following the date of partial repayment) until May 1, 2013 to May 29, 960% interest rate per annum.