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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On August 10, 1998, the term of lending KRW 150 million to the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") on August 10, 1998, the Korea Exchange Bank (the above bank was merged with the plaintiff on September 1, 2015, and changed the trade name to the Han Bank. The plaintiff was not divided into the above bank and the plaintiff, and the term of lending KRW 150 million to the defendant Co., Ltd. (hereinafter "the defendant Co., Ltd.") was from August 10, 1998 to August 10, 199, applying the basic terms and conditions of bank credit transactions and the compensation rate for delay was set at 25% per annum (hereinafter "the loan of this case").
B. After that, on August 13, 1998, the term of lending KRW 120 million to the Defendant Company from August 13, 1998 to August 13, 1999, the Plaintiff applied the basic terms and conditions for banking transactions and the interest rate for delay determined at 25% per annum (hereinafter “instant second lending”).
C. On July 27, 1998, Defendant B entered into a comprehensive collateral guarantee agreement between the Plaintiff and the Defendant Company with respect to all obligations currently and future against the Plaintiff as a bank loan transaction, up to KRW 300 million.
Meanwhile, the Defendant Company did not pay interest on each of the instant loans to the Plaintiff from February 6, 1999.
E. The interest rate on each of the instant loans under the Framework Agreement on Credit Transactions is 20% per annum from August 10, 1998 to February 23, 1999 and 18% per annum from February 24, 199 to August 10, 199.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 9, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of claim, the defendants are jointly and severally liable to pay to the plaintiff the loan 150 million won, the loan 120 million won, and the interest or delay damages from February 6, 1999.
3. Judgment on the defendants' assertion
A. 1 The plaintiff asserted and decided on the repayment and the method of appropriation thereof shall be the defendant company's KRW 15 million on January 28, 1999 and May 18, 200.