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1. The Plaintiff:
A. Defendant A shall pay full amounts of KRW 253,964,607 and KRW 112,762,037 among them.
Reasons
1. Indication of claim;
A. On March 25, 2009, Defendant A loaned KRW 200,000,000 as a general loan from a Franchis Bank Co., Ltd. (hereinafter “Nan Bank”), and Defendant B guaranteed the above loan obligation to the non-party bank that Defendant A bears to the non-party bank on the same day within the limit of KRW 260,000,000.
B. The Defendants agreed to pay the amount of the loan and the damages for delay calculated by the overdue interest rate as determined by the non-party bank from the date of the loan to the date of the repayment in case the loan was partially repaid within the fixed period, the interest was overdue, or the disposition of suspension of transaction by the clearing house was imposed on the non-party bank at the time of the loan.
The overdue interest rate determined by the bank of the non-party bank shall be from March 25, 2009 to the same year.
9. By the 23th day, 12% per annum.
C. On September 24, 2009, the non-party bank transferred the above loan claims against the defendant A to the plaintiff pursuant to Article 4 of the former Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. On October 12 of the same year, the non-party bank notified the defendant A of the assignment of the above claim and reached the defendant A around
Defendant A failed to repay the above loan obligations properly, thereby resulting in a total of KRW 253,964,607 (i.e., the principal and interest of the loan plus KRW 112,762,037 (i.e., the principal and interest of the loan plus KRW 141,202,570).
E. Therefore, Defendant A is obligated to pay damages for delay calculated by the rate of 20% per annum from December 30, 2013 to the date of full payment of KRW 253,964,607 and KRW 112,762,037 among them to the Plaintiff. Defendant B is jointly and severally liable with Defendant A to pay the above amount within the scope of KRW 260,000,000, which is the guarantee limit amount.
2. Applicable provisions;
A. Defendant A: the Civil Procedure Act of the judgment rendered by the confession.