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1. The Defendants jointly and severally pay to the Plaintiff KRW 110,931,338, and KRW 66,779,91 among them, from October 9, 2015.
Reasons
1. Facts of recognition;
A. On March 13, 2012, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with terms of loans of KRW 80 million, interest rate of KRW 48 months, annual interest rate of KRW 19.8%, overdue interest rate of KRW 24%, etc., and Defendant B and C jointly guaranteed the Defendant Co., Ltd’s obligation to the Plaintiff.
B. On March 13, 2012, the Plaintiff submitted a power of attorney in the name of the Defendants (hereinafter “instant power of attorney”) to request the Plaintiff to deposit a loan to the national bank account from D (hereinafter “D”) and deposited KRW 79,965,000, excluding stamp tax 35,000, in D’s said account.
The power of attorney of this case states the name of the defendant company and the name of the defendant B and C, and each seal is affixed thereto.
C. As the Defendant Company did not pay the principal and interest under the instant loan agreement, the Defendant Company lost its profits on May 30, 2013, and as of October 8, 2015, the Defendant Company lost its profits on a fixed period of time. As of October 8, 2015, the remainder of the principal and interest of the loan was KRW 66,79,91, 465,933, overdue interest, overdue interest of KRW 4,430,89, 390,404, overdue interest of KRW 2,861,250, 2861,250, overdue interest of KRW 39,680, overdue interest of KRW 39,109,784, collected amount of KRW 5,974,603.
[Ground for Recognition: Facts without dispute, Gap-5 evidence, Gap-6 evidence 1-3, Gap-8 evidence 1-2, Eul-1, Eul-4-6 evidence, the purport of the whole pleadings]
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (1) The Plaintiff’s assertion has paid the loans under the instant loan contract to D’s account according to the Defendants’ intent. As such, the Defendants are jointly and severally liable to pay the Plaintiff the principal and interest of loan and damages for delay.
(2) The Plaintiff’s assertion of the Defendants is E by giving a loan to D in collusion with the lender, who is entirely aware of the Defendants, in accordance with the terms of the instant delegation.