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1. Defendant A and Defendant B are jointly and severally liable to the Plaintiff.
(a) 52,36,630 won and 50,000 among them;
Reasons
1. Basic facts
A. On June 24, 2015, the Plaintiff Company A (hereinafter “Defendant Company”) on June 24, 2015.
(2) On June 24, 2016, KRW 50,000 was extended at the interest rate of 8.49% per annum, and maturity on June 24, 2016, and the lending was extended twice. Defendant B was issued a credit card by the Plaintiff on June 24, 2015. Defendant B guaranteed the Defendant Company’s obligation to pay the above loans to the Plaintiff within the limit of KRW 60,000,00, and the credit card payment obligation was jointly and severally guaranteed. (2) Defendant Company began to pay interest and credit card payment from August 2017.
As of January 31, 2018, the principal of the loan is KRW 50,00,000, interest and delay damages are KRW 2,336,630, and as of February 1, 2018, the principal of the credit card payment is KRW 2,524,883, interest and delay damages are KRW 24,638.
The rate of damages for delay applicable to the obligation of the above loan is 11% per annum, and the rate of damages for delay applicable to the above credit card payment obligation is 24% per annum.
B. On August 25, 2017, Defendant B concluded a mortgage agreement with Defendant C with regard to the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is one of the only property of Defendant B (hereinafter “instant real estate”) and subsequently set up a mortgage agreement with Defendant D as the former District Court No. 86277, August 28, 2017, which was charged with the total amount of debt KRW 50,000,000, and the debtor’s company as the Defendant.
C. Defendant B was in excess of the obligation at the time of entering into the instant mortgage contract.
[Reasons for Recognition] The facts without dispute, Gap 1 through 4, each entry, each order to submit taxation information by the head of Seongdong-gu Seoul Metropolitan Government, the court's case non-life insurance, the National Agricultural Cooperative Federation, the Court Administration's fact inquiry reply to each fact inquiry, and the purport of the whole pleadings
2. Determination of the claim against the Defendant Company and the Defendant B