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1. The Defendants jointly and severally pay to the Plaintiff KRW 2,708,412,947 and KRW 2,533,836,508.
Reasons
1. Facts of recognition;
A. On August 26, 2004, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a credit transaction agreement with the Plaintiff (D Co., Ltd.) by setting the credit amount of KRW 2.5 billion, the expiration date of the credit amount of KRW 2.5 billion, the interest rate of August 26, 2006, the rate of 12% per annum, and the maximum damages rate of 22% per annum, and borrowed KRW 2.5 billion.
On March 7, 2006, Defendant B approved that the basic terms and conditions of credit transaction by the mutual savings bank under Defendant C’s joint guarantee apply to the Plaintiff, and entered into a new credit transaction agreement with the Plaintiff at the rate of 5 billion won per annum 7, 2008, interest rate of 11% per annum, and 22% per annum of the expiration date of the credit, and then borrowed KRW 5 billion and repaid the existing loan on the basis that the loan was repaid.
(2) According to the above credit transaction agreement and joint and several sureties agreement, if interest, etc. is delayed for one month continuously from the time when payment of such interest, etc. is to be made, the obligor is naturally liable to pay such interest by loss of the time limit for the pertinent obligation. However, the bank shall notify the obligor of the fact that such delay in the performance of the obligation was caused by no later than three business days prior to the date when the time limit is lost, and if it fails to notify by such time limit, the obligor shall be liable to pay such interest by loss of the time limit after three business days have elapsed from the date when the actual notification was
(Article VII(2)1. (b)
Defendant B repaid KRW 2,535,914,514 of interest, etc. on July 24, 2007 until the same date as the principal amount of KRW 2,466,163,492. However, the Plaintiff did not repay interest, etc. thereafter. The Plaintiff calculated that Defendant B lost the benefit of time on August 25, 2007 and calculated that Defendant B lost the benefit of time on June 30, 2010, and accordingly, the remainder of the principal of the loan amount of KRW 2,533,836,508, interest and damages for delay, KRW 1,587,50,851 as special bonds, and paid damages for delay for the interest amount of KRW 470,851.