1. The Plaintiff:

A. Defendant C shall pay a full amount of KRW 123,542,769 out of KRW 403,552,727 and the said money, starting from December 10, 2018.

1. Facts of recognition;

A. On June 7, 2010, the Plaintiff, on June 7, 2010, lent KRW 900 million to Defendant C on June 7, 2014 and annual interest rate of KRW 8% (10.5% per annum from April 30, 2018) (hereinafter “the instant credit agreement”), and E guaranteed the Plaintiff’s obligation to return the said loan to Defendant C within the limit of KRW 300 million.

B. E died on November 21, 2012, and her mother, the inheritor, was subject to an inheritance limited approval trial on April 4, 2013.

(Resan Family Court 2013 Haak-Ma390)

C. As of December 9, 2018, the loan principal under the instant credit agreement remains in KRW 123,542,769 and the finalized interest rate in KRW 280,009,958.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any other special circumstances, Defendant C is obligated to pay interest or delay damages calculated at an annual rate of 10.5% from the following day after the date of final calculation of interest to KRW 123,542,769 among the loan principal under the instant credit contract (= KRW 123,542,769, KRW 280,009, KRW 958) and the loan principal to KRW 123,542,769 from the above money to the date of full payment. Defendant D is jointly and severally liable with Defendant C to pay the interest or delay damages calculated at an annual rate of 10.5% from the following day after the date of final calculation of interest to the date of full payment. Defendant D is jointly and severally liable to pay 300,000,000,000 won among the loan principal and interest of KRW 123,542,769, Dec. 15, 2018.

B. As to Defendant C’s defense of extinctive prescription, the extinctive prescription period of the principal and interest of loan under the instant credit contract expired on June 6, 2015, which was five years from June 7, 2010, which was the date when the contract was concluded, and on March 7, 2014, the former period of March 7, 2014, the amount of KRW 300,000 against the Defendants was a provisional seizure of real estate against the Defendants as preserved claim. As such, the portion exceeding KRW 300,000,000 out of the amount of Defendant C’s credit exceeds KRW 300,000,000, around June 6, 2015.