beta
Text
1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 1.21 million and KRW 900 million from March 30, 2007 to April 30, 2007.
Reasons
1. Basic facts
A. A. Around March 29, 2004, Defendant A Co., Ltd. (hereinafter “Defendant A”) loaned KRW 900 million from the Plaintiff, around March 29, 2004, the agreed rate of 6.96%, interest rate of delay 15.96% per annum, maturity date of payment on March 29, 2007 (hereinafter “first loan”); (a) around September 1, 2004, the agreed rate of 7.02% per annum; (b) interest rate of delay 16.2% per annum; and (c) KRW 3.1 million per annum on March 29, 2007; (d) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) loaned each of the above loans to the Plaintiff as collateral for the above loans, the Defendant Co., Ltd. transferred KRW 1,170,000,000,000 to the Plaintiff’s land (North Korea Branch; hereinafter “Nonindicted Corporation”) and the Plaintiff’s consent of transfer.
B. After the maturity date of the above loan, the Defendant Company requested the Plaintiff to extend the due date of the loan obligation, and around March 26, 2007, around the time when the maturity of the loan obligation was extended, Defendant B guaranteed the Plaintiff’s first loan of the Defendant Company up to KRW 1 billion and KRW 3.7 million for the second loan around March 29, 2007.
(hereinafter “instant neighborhood guarantee contract”). C.
In addition, the Defendant Company, as the principal obligor, failed to perform its obligation on the agreed date, and the sum of the principal of the loan, interest thereon, and delay damages as of September 11, 2009, which was the date of the instant lawsuit, exceeded the total amount of the above collateral guarantee limit of Defendant B.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 4, 5, 13, each entry
2. Determination as to the claim against the defendant company
A. According to the above facts of recognition, with respect to the Plaintiff’s total amount of KRW 1.21 billion and KRW 900 million, the Defendant Company shall pay to the Plaintiff 6.96% per annum from March 30, 2007 to April 30, 2007, the agreement rate of KRW 6.96% per annum, and from that following day until September 23, 2009, the delivery date of a copy of the complaint of this case, the agreement rate of KRW 15.96% per annum.