1. The plaintiff

A. Defendant C Co., Ltd is from April 11, 2020 to KRW 22,609,862 out of KRW 36,170,613 and the said money.

1. Facts of recognition;

A. On May 21, 2015, the Plaintiff leased KRW 58,000,00 to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the lending period from May 26, 2015 to May 26, 2020, interest rate of KRW 7.5% per annum, and interest rate of delay damages rate of KRW 20% per annum (hereinafter “instant loan”). Defendant D guaranteed the Plaintiff’s obligation to the Defendant Co., Ltd within the limit of KRW 58,00,000.

B. From May 2, 2017, Defendant Company did not pay interest on the instant loan obligations, and on April 3, 2020, the Plaintiff received dividends of KRW 22,133,197 to the Jeju District Court E-Korean Automobile Auction Case.

C. As of February 17, 2020, the Plaintiff’s principal and interest of the instant loan was KRW 58,303,810 (principal principal KRW 38,285,245, interest of KRW 13,560,751 and interest of KRW 6,457,814). The Plaintiff used dividends of KRW 22,13,197 as of April 10, 2020 and KRW 15,675,383 as part of principal and interest of KRW 37,170,613 (principal principal and KRW 22,609, KRW 862, KRW 13,560, KRW 7514). As a result, the Plaintiff used dividends of KRW 22,13,197 as of April 10, 2020 to pay dividends of KRW 6,457,814 and KRW 15,675,383.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant Company is obligated to pay to the Plaintiff damages for delay calculated at the rate of 10.5% per annum under the agreement from April 11, 2020 to the day of full payment, which is the day following the basic date of calculating the principal and interest accrued from appropriation for the principal and interest of KRW 37,170,613 of the loan of this case and KRW 22,609,862 of the above money, and Defendant D is jointly and severally obligated to pay the above money to the Plaintiff within the limit of KRW 58,00,000,000.

On the other hand, the Defendants asserted that the loans borrowed from the Plaintiff on May 21, 2015, separate from the instant loans, were fully repaid, and the Plaintiff’s dividends should be deducted in the Jeju District Court EA car auction case.