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1. The Plaintiff:
A. Defendant A Diplomatic Association shall start on October 19, 2016 with respect to KRW 4,577,679,456 and KRW 1,62,986,947 among them.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a credit transaction agreement on November 6, 2008 (hereinafter “Defendant church”)
(i)a credit transaction agreement providing loans of KRW 2.8 billion (hereinafter “the instant credit transaction agreement”) with the agreed interest rate of 12% per annum (22%) and with repayment at the maturity of 12 months due date;
(2) A loan of KRW 2.8 billion to the Defendant church (hereinafter referred to as “instant loan”).
(2) At the time of the conclusion of the instant credit transaction agreement, Defendant B, C, D, E, F, G, and K (hereinafter “Defendant B, etc.”) jointly and severally guaranteed the Defendant church’s loan obligations under the instant credit transaction agreement.
B. On October 27, 2009, the Defendant church, which extended the term of the instant credit transaction agreement, repaid 400 million won out of the instant loan to the Plaintiff, and entered into an agreement for extension of the term of the loan under the same conditions with respect to the remainder of 2.4 billion won. Defendant B, etc., up to the limit of KRW 3.12 billion, which is 130% of the said principal of the said loan, jointly and severally guaranteed (hereinafter “joint and severally guaranteed agreement”) with respect to the instant loan-related obligations, such as fees and all expenses, damages for delay, interest, principal, etc., and other liability for damages.
C. The Defendants failed to repay the principal and interest of the instant loan even after the lapse of October 27, 2010, which is the maturity date of the instant loan. After that, KRW 801,131,963, which the Plaintiff filed for a compulsory auction (Seoul Eastern District Court M) filed against Defendant E, a joint guarantor, with respect to 102,2204, Songpa-gu L building 102, the Plaintiff, a joint guarantor, was appropriated for the principal and expenses of the instant loan, the litigation claim against Defendant B, a joint guarantor, as of February 13, 2015 (Seoul Central District Court Decision 2014Da3107, 207), 19,671,336 won, as of August 25, 2016, were appropriated for the overdue interest of the instant loan.