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1. The Defendants shall be jointly and severally liable to the Plaintiff, but not exceeding KRW 120,00,00,000, KRW 72,614,543 and 67,835.
Reasons
1. Basic facts
A. On February 21, 2012, the Plaintiff extended a loan of KRW 100 million to Nonparty C (hereinafter “C”) on the condition that the agreement would be 4.42% per annum, 12% per annum, 20% per annum, and 12% per annum, 2015.2. and 1 year after the expiration date of the loan, the Plaintiff repaid the loan of KRW 100 million for the business start-up business support fund to the Plaintiff, and the Defendants and Nonparty D jointly and severally guaranteed the Plaintiff’s obligations up to KRW 120 million.
B. C delayed repayment of the principal and interest, and lost the benefit of February 2, 2015. As of May 28, 2015, C paid the interest of KRW 66,392,167, interest of KRW 1,443,258, overdue interest of KRW 4,788,100, substitute payment of KRW 486,810, and 495,792, which were collected as provisional attachment expense, are the principal and interest of KRW 72,614,543, which were not repaid by C when it appropriated as part of the substitute payment and overdue interest of KRW 495,792.
[Grounds for recognition] Class A, Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings
2. According to the above facts, the defendants joint and several sureties of the above loan are jointly and severally liable to the plaintiff. However, within the limit of KRW 120 million, the total amount of principal and interest of loan of KRW 72,614,543, which is the limit of collateral guarantee, and KRW 67,835,425 [the loan principal of KRW 66,392,167, interest of KRW 1,443,258, and the basic terms and conditions of the loan of this case (Evidence A No. 3) of this case provide that damages for delay shall be paid to the interest of Article 2(2)] from May 29, 2015, which is the date following the settlement date of outstanding principal and interest of the loan of this case.
6. 12% per annum under the agreement until 10.m. and the same year from the following day.
9. For the period of 30.30., 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings and 15% per annum from the following day to the full payment date.
The Plaintiff also sought 20% damages for delay for the period from October 1, 2015 to the full payment date. However, “the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings”.