Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,060,357,276 and KRW 200,968,166.
Reasons
1. Facts of recognition;
A. On July 18, 2012, the Plaintiff extended a loan to Defendant A at the rate of KRW 2.8 billion on July 19, 2015, interest rate of KRW 6.5% per annum, and interest rate of arrears at 20% per annum (hereinafter “instant loan”).
Defendant B and C guaranteed Defendant A’s obligation to the Plaintiff on the same day.
B. On May 21, 2015, the Plaintiff received dividends of KRW 2,596,541,171 from the Daejeon District Court’s Daejeon District Court Branch D real estate rental auction case regarding the Defendants’ real estate.
The Plaintiff received KRW 2,274,713 from Defendant C on May 27, 2015, and was refunded KRW 215,950 in the above auction case on June 12, 2015.
The Plaintiff appropriated each of the above amounts to repay the principal of the instant loan, and as of June 12, 2015, the principal of the instant loan remains KRW 200,968,166.
C. Meanwhile, the Defendants did not pay interest or delay damages on the instant loan from November 19, 2013 to June 11, 2015. The accrued interest or delay damages until June 11, 2015 are KRW 780,213,170, and accrued interest or delay damages from June 12, 2015 to May 31, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts found above, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of the instant loan plus KRW 1,060,357,276 (i.e., KRW 200,968, 166, KRW 780,213, 170, KRW 79,175,940) and the principal amount of KRW 200,968,166, the amount of delay damages at the rate of KRW 20% per annum from June 1, 2017 to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.