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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 133,393,589 and KRW 125,177,274 from March 24, 2015.
Reasons
1. Determination
A. In addition to the statements in Gap evidence No. 1 through No. 3, the purport of the entire pleadings is as follows: (a) on July 18, 2014, the plaintiff extended 130,000,000 won to the defendant A Co., Ltd. (hereinafter "Defendant Co., Ltd") under the joint and several guarantee of defendant B on July 18, 2014, interest rate of 11.9% per annum; (b) overdue interest rate of 29% per annum; and (c) the period and method of repayment determined and extended each month as the equal principal and interest repayment for 48 months; (d) the defendant Co., Ltd lost profits by delaying the repayment of principal and interest from November 5, 2014; and (e) as of March 23, 2015, the fact that the defendant Co., Ltd. bears the obligation of KRW 125,177,274, and its interest,
B. According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff the agreed overdue interest calculated at the rate of 29% per annum from March 24, 2015 to the date of full payment, for the principal amount of KRW 133,393,589 and the principal amount of KRW 125,17,274, which is the day following the last calculation of overdue interest.
C. The Defendants asserted that rehabilitation procedures were initiated against the Defendant Company and that Defendant B cannot comply with the Plaintiff’s claim upon filing a petition for rehabilitation.
In addition to the written evidence No. 4, A4, and A5, the rehabilitation procedure was initiated on February 9, 2015 by the Daejeon District Court 2015 Ma5001, and the procedure was abolished on April 28, 2015. Defendant B filed for rehabilitation with the Daejeon District Court 2015Kadan504 on February 9, 2015, but the withdrawal of the application was permitted on May 12, 2015, and the rehabilitation procedure against the Defendants was completed. Accordingly, the Defendants’ aforementioned assertion cannot be accepted.
2. Therefore, the Plaintiff’s claim against the Defendants is accepted.