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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) As regards KRW 89,189,80 and KRW 85,074,297 among them, from May 26, 2017 to May 26, 2017.
Reasons
Facts of recognition
A. On June 22, 2016, the Plaintiff: (a) loaned 100 million won interest to Defendant A Cooperatives (hereinafter “Defendant Cooperatives”); (b) interest rate and overdue interest calculated by adding overdue interest to the above interest; and (c) maturity on June 22, 2019 (hereinafter “the first loan”); and (d) Defendant B, on the same day, jointly and severally guaranteed the Defendant Union’s obligation to the Plaintiff as the guarantee limit amount to KRW 120 million.
B. In addition, on June 22, 2016, the Plaintiff loaned the Defendant Union with interest rate of KRW 30 million plus interest rate of KRW 60 million per annum on June 22, 2017, plus interest rate of KRW 6% per annum, and the maturity was fixed on June 22, 2017 (hereinafter “instant second loan”). Defendant B, on the same day, set the guarantee limit amount of the instant second loan obligations against the Plaintiff of the Defendant Union as KRW 60 million.
C. The Defendant Union reported the closure of its business on September 30, 2016, and accordingly, the Defendant Union lost the benefit of time for the instant loans 1 and 2 against the Plaintiff.
As of May 26, 2017, the remaining principal of the instant loan No. 1 is KRW 85,074,297, the delay damages are KRW 4,115,503, and the delay interest rate is 12.68% per annum. The remaining principal of the instant loan No. 2 is KRW 30,000,000, and the delay damages are KRW 1,255,381.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers in the case of additional numbers), and the facts of recognition as to the purport of the whole pleadings, barring any special circumstances, the defendants are jointly and severally liable to the plaintiff, and ① with respect to the principal and interest of loan No. 1 of this case (= KRW 85,074,297, KRW 4,115,503) and principal amount of KRW 85,074,297 from May 26, 2017 to May 31, 2017 to June 8, 2017, the delivery date of a copy of the application for change of the purport of the claim and the interest rate for delay of agreement from June 8, 2017, calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.