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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 172,353,779 as well as KRW 119,74,716 as from September 5, 2012.
Reasons
On January 20, 201, the Bank of the Future Savings Co., Ltd. (hereinafter “Bankruptcy Obligor”) extended KRW 200,000 to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as a general loan, with an agreement of KRW 13% per annum, damages for delay shall be 25% per annum, and the expiration date of the loan shall be July 20, 201. Defendant B guaranteed the obligations of the Defendant Co., Ltd to the Bankruptcy Obligor on the same day. Defendant Co., Ltd. was unable to repay the above obligations even after the expiration date of the above obligations, and Defendant Co., Ltd. was unable to repay the obligations of the loan as of September 5, 2012, the principal amount was 119,74,716 won, interest interest amount was 565,202 won, overdue interest amount was 43,861 won per annum, 172,35,379,4715,2416, 2015.
According to the above facts, the defendants are jointly and severally obligated to pay 172,353,779 won including the principal and interest of loans, and 119,74,716 won among them, which are 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 5, 2012 to the date of full payment.
As to this, Defendant B asserts to the effect that he was declared bankrupt and exemption, and that the effect of exemption extends to the debtor's obligation to the bankruptcy debtor.
The facts that Defendant B, on May 4, 2012, filed a bankruptcy and application for immunity with the Daegu District Court 2012Hadan2240, 2012Ha240, 2012, Defendant B, upon receipt of a decision to grant immunity on February 21, 2013, do not conflict between the parties.
However, when comprehensively considering the contents of evidence Nos. 5 to 8, the bankruptcy debtor is the defendant B's wife.