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1. The Defendants are jointly and severally liable to the extent of KRW 130,000,00 for Defendant B and the Plaintiff KRW 107,980,395 for the Plaintiff and the Plaintiff’s 100.
Reasons
1. Facts of recognition;
A. On September 25, 2015, the Plaintiff, as a credit service provider, loaned KRW 100 million to Defendant A on September 24, 2016, at the rate of 22% per annum, and at the rate of overdue interest rate of 34% per annum. Defendant B, setting the maximum amount of the guaranteed obligation as KRW 130 million, and jointly and severally guaranteed the guaranteed obligation.
B. After that, Defendant A lost the benefit of the term on May 25, 2016 because it was impossible for Defendant A to pay interest on the said loan in time.
C. Meanwhile, the interest rate that occurred as of July 7, 2016 on the above loan is KRW 3,728,930 and overdue interest is KRW 4,251,465.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 and 7 (including paper numbers), and the purport of the whole pleading
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable, and Defendant B is obligated to pay to the Plaintiff delay damages at an agreed interest rate of 34% per annum from November 18, 2016 to the day of full payment, within the maximum of KRW 130 million, which is the maximum amount of the above guaranteed liability (i.e., KRW 107,980,980,395 (i.e., KRW 3728,930,930, KRW 4,251,465) and among them, KRW 100,000,000,000 to the Plaintiff.
B. Determination on Defendant B’s assertion 1) Summary of Defendant B’s assertion ① Lending the above KRW 100 million to Defendant A is not the Plaintiff but the case of provisional seizure against real estate (hereinafter “related application case”).
(i) a stock company which deposited KRW 100,000 in relation to it (hereinafter referred to as “subsumed mutual savings bank”).
As such, the Plaintiff cannot make the instant claim against the Defendants. ② The Plaintiff transferred to the Defendants the claim for payment of KRW 100,000,000, which is held by Spoi Mutual Savings Banks, and must file the instant claim against the Defendants. (ii) In relation to the relevant application case, the Suwon District Court Sung-nam Branch, Seoul District Court, 2015, No. 3598, Sept. 25, 2015, as the third party.