beta
Text
1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 337,954,025 and KRW 113,073,889 among them.
Reasons
1. Facts of recognition;
A. Defendant A Co., Ltd. (hereinafter “A”) approved the Plaintiff’s basic terms and conditions of credit transaction, entered into a credit transaction agreement with the Plaintiff as follows, and obtained a loan from the Plaintiff (hereinafter “instant loan”). Defendant B jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff according to the instant loan.
on October 5, 2004, the credit (limit) subject to the first credit (limit) credit, guarantee limit for each type of guarantee of the guarantor, 600,000,000 B limited loan without business operation on October 5, 2004, and 360,000,000 B limited loan for business operation on October 5, 2004
B. After that, Defendant A lost the benefit of time due to the delinquency of natural substances, etc. on the instant loan, and the balance of the principal and interest of Defendant A in relation to the instant loan as of March 19, 2015 (the balance of principal 113,073,889 won) is KRW 337,954,025 (the balance of principal 113,073,889 won). From March 20, 2015 to March 20, 2015, the Plaintiff’s compensation rate for delay is 15% per annum.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 37,954,025 won in the balance of the principal and interest of this case and damages for delay calculated at the rate of 15% per annum from March 20, 2015 to the date of full payment, which is the day following the date of final calculation of interest, to the day of full payment.
(A) The Plaintiff filed a claim for damages for delay of 20% per annum from the day after the delivery date of the duplicate of the complaint to the day after October 1, 2015, but the statutory interest rate of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was amended to apply 15% per annum from October 1, 2015, and thus, the Plaintiff’s assertion is rejected).3.