1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

1. Determination on the cause of the claim

(a) Any of the following facts may be acknowledged either as a dispute between the parties, or as a whole as to the entries in Gap evidence 1 to 5, and Eul evidence 2, by taking into account the whole purport of the pleadings:

(1) On November 22, 2007, Sma Savings Bank Co., Ltd. shall have due date for KRW 100,000,000 to Defendant A Co., Ltd.

4. 30. The arrangement set the rate of 15% per annum and the rate of damages for delay at 18% per annum.

Defendant B jointly and severally guaranteed the Defendant A’s above loan obligation.

(hereinafter referred to as “instant loan”). The Defendants did not pay interest on the said loan obligations and lost the benefit of time.

On April 29, 2014, the Switzerland Savings Bank was declared bankrupt by the Seoul Central District Court on April 29, 2014, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

x) As the auction on real estate owned by Defendant A and the Defendants’ voluntary repayment on November 3, 2010, Switzerland Savings Bank Co., Ltd. collected the principal out of the instant loans until November 3, 2010. At present, 41,963,654 won of the instant loans remains only as the attempted interest or delay damages.

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff, who is the bankruptcy trustee of the Mapo Savings Bank, the remaining interest on the said loan amounting to 41,963,654 won and the remaining interest thereon, 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (which is the statutory interest rate before the relevant Act was amended, October 1, 2015) from August 21, 2015 to September 30, 2015, which is the day following the delivery of the copy of the complaint of this case, and the delay damages calculated at the rate of 15% per annum prescribed by the same Act from the next day to the day of full payment.

2. As to the Defendants’ assertion, the Defendants partly repaid the principal and interest of the instant loan with the dividends of the previous Jeju District Court C compulsory auction case, and the remainder of interest obligations.