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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On July 18, 2011, Defendant A’s KRW 10,50,00,000 due date for repayment to Defendant A Co., Ltd. (hereinafter “A”), Defendant A Co., Ltd. (hereinafter “A”), 25% per annum when the overdue period is less than one month, 26% per annum when the overdue period is less than three months, and 27% per annum when the overdue period is less than three months.
(hereinafter “instant loan”)
B. On July 18, 2011, Defendant B and C’s collateral guarantee (1) guaranteed the Defendant A’s debt to the Japanese Savings Bank up to KRW 14,700,000,000.
(2) On January 14, 2013, Defendant C guaranteed Defendant A’s debt related to stock transaction with the Japanese Savings Bank up to KRW 600,000,000.
C. The Japanese Savings Bank was declared bankrupt on September 7, 2012
(Court 2012Hahap96). The plaintiff was appointed as bankruptcy trustee.
As of September 23, 2014, the principal and interest of the instant loan as of September 23, 2014 (i.e., the principal and interest of KRW 19,315,39,280 (i.e., principal and interest of KRW 10,50,000,000 and damages for delay)
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, Defendant A is obligated to pay the Plaintiff the amount of KRW 2,100,000,000 of the principal of the instant loan and damages for delay calculated at the rate of 27% per annum, which is the agreed interest rate, from July 18, 2011 to the date of complete payment, from July 18, 201, to the date of the lease. Defendant B is obligated to pay the said amount jointly with Defendant A within the limit of each limit of the contract guarantee amount of KRW 600,000,000, as well as KRW 600,000.
B. (1) Determination as to the defense (1) The loan of this case by the Defendants was made by Defendant B as a substitute exchange of KRW 10,000,000,000, which was borrowed from the Japanese Savings Bank on November 14, 2008 for stock transaction.
At the time of the loan of this case, the defendant A is against the Japanese Savings Bank.