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1. Revocation of a judgment of the first instance;
2. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 10,497,904 as well as the aforesaid amount on October 17, 2014.
Reasons
1. Basic facts
A. On June 27, 2007, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) lent KRW 450,000,000 to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) on June 27, 2007, setting the term of validity of the credit at the rate of 8.8% per annum, and at the rate of 25% per annum (hereinafter “instant loan”), and the Defendant Co., Ltd. jointly and severally guaranteed the Defendant Co., Ltd.’s obligations.
B. Since June 27, 2008, the loan of this case changed its interest rate to 10.5% per annum on June 27, 2009 with Defendant B’s consent, and changed its only date on June 26, 2009 to June 27, 2010.
However, the Defendants lost the benefit of time on November 2009 because they failed to pay the interest of the instant loan at the time.
C. On April 5, 2010, the Defendant Company borrowed KRW 42,000,000 from the Korea Savings Bank and repaid part of the interest and delay damages on the instant loan in order to repay the interest and delay damages.
After that, the Defendant Company received reimbursement of KRW 496,087,794 from the Defendant Company on June 21, 2010, and appropriated the instant loan and the principal and interest accrued on April 5, 2010. At present, the amount that the Defendant Company did not pay to the Korea Savings Bank is KRW 10,497,904 out of the instant loan.
[Grounds for recognition] Each entry of Gap 1-4 (including paper numbers) and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff a total of KRW 10,497,904, and damages for delay at the rate of 20% per annum from October 17, 2014 to the day following the delivery of the copy of the instant complaint, to the day of full payment.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion that the amount of this case claimed by the Plaintiff is KRW 10,497,904.