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1. The Defendants jointly and severally pay to the Plaintiff KRW 225,721,770 and KRW 88,858,920 among them.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 and No. 9 as to the cause of the claim, the plaintiff, a company engaged in financial business, determined 100 million won to defendant D Co., Ltd. (hereinafter "Defendant Co., Ltd.") on June 25, 2007 as "the maturity is extended by June 25, 2008 (after this date until December 25, 2009)" and "the interest rate base interest rate of 2.90%" and on the same day, defendant E provided a joint and several surety for the above loan obligations of the defendant Co., Ltd. with the amount of guarantee limit of KRW 130,000,000,000 for the principal and interest rate of the loan obligations of the defendant Co., Ltd., Ltd. as the result of liquidity crisis from around April 201 to the amount of overdue interest rate of KRW 285,000,000 for the defendant Co., Ltd., Ltd., the guarantor, calculated the overdue interest rate of KRW 28.
Therefore, barring any special circumstance, the Defendants jointly and severally pay to the Plaintiff KRW 225,721,770 and KRW 88,858,920, whichever is applicable, to the Plaintiff at the rate of 15% per annum from September 29, 2018 to the day of full payment, which is the day following the base date for calculating the principal and interest of loans, and Defendant E is liable to pay the agreed delay damages within the limit of KRW 130,00,000, which is the maximum amount of guarantee.
2. The Defendants’ assertion and determination of the Defendants asserted that no repayment of the money was made on or around June 24, 2014, and that the Defendant’s obligation of the instant loan had already been extinguished by the 5-year commercial statute of limitations.
However, according to the records of the Plaintiff’s collection activities and the details of claims transaction, etc. revealed through each of the above evidence, Defendant E, the guarantor, around June 16, 2014, is exempt from the Plaintiff’s debt reduction.