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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest thereon from April 9, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On February 10, 1998, Korea Mutual Savings and Finance Company Co., Ltd. loaned KRW 1,000,000,000 to C Co., Ltd., and set the transaction period until February 10, 201, the agreement rate of KRW 30% per annum, and damages for delay at 40% per annum. The Defendants jointly and severally guaranteed C’s loan obligations.
(b) The Korea Mutual Savings and Finance Company shall have failed to pay the principal and interest of loans within the transaction period;
C. The claims for loans of the friendly Mutual Savings Bank were transferred in sequence to the Reorganization Bank Corporation, the Yangyang Mutual Savings Bank, the Solomon Savings Bank, the Solomon Savings Bank, and the Plaintiff was appointed as the trustee in bankruptcy as a result of the decision of bankruptcy against the Solomon Savings Bank.
As of April 8, 2014, the balance of C’s loan obligation is KRW 1,059,643,928 (= Principal KRW 281,540,470, interest KRW 778,103,458).
[Reasons for Recognition] Each entry of Gap 1-4 (including paper numbers), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay 100,000,000 won out of the above loan obligations and its delayed payment damages at the rate of 20% per annum as requested by the Plaintiff within the limit of the agreed delay damages rate from April 9, 2014 to the date of full payment, which is the day following the base date for calculating the above delayed payment damages, as agreed by the Plaintiff.
3. The Defendants asserted as to the Defendants’ assertion: (a) Company C repaid all of the instant loan obligations; (b) Defendant A was the representative director of Company C, but later D was appointed as a liquidator; and (c) the Defendants were not obligated to pay the principal and interest of this case; (b) there is no evidence to acknowledge that C paid all of the principal and interest of this case; and (c) the Defendants are joint and several guarantors.