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1. The Defendants jointly and severally with D and E shall pay to the Plaintiff KRW 2,310,00,000 as well as the full payment from January 23, 2014.
Reasons
1. Facts of recognition;
A. On August 13, 2007, D entered into a credit transaction agreement with Lanhae Mutual Savings Bank (hereinafter “Bankruptcy Bank”), which set forth a credit transaction agreement with a general loan of the credit subject, a credit amount of KRW 3.1 billion, a due date of payment of KRW 3.1 billion, a year of September 13, 2010, an interest rate of KRW 12% per annum, and an overdue damages rate of KRW 25% per annum (hereinafter “instant first credit transaction agreement”).
B. On April 30, 2009, D entered into a credit transaction agreement (hereinafter “the second credit transaction agreement of this case”) with the bankrupt bank, which set forth a comprehensive passbook loan of the credit subject, the credit limit amount of KRW 500 million (However, the final change was made at KRW 3.8 billion on July 2, 2009), the expiration date of the credit, the interest rate of October 31, 2009, the rate of 13% per annum, and the rate of damages for delay at 25% per annum.
C. On August 13, 2007, E and the Defendants respectively entered into a comprehensive collateral guarantee agreement with the Bankruptcy Bank with the content that D will provide a joint and several guarantee within the limit of KRW 4 billion with respect to all of the current and future obligations owed by D against the Bankruptcy Bank.
Meanwhile, as of January 22, 2014, the debt with outstanding principal and interest in accordance with the credit transaction agreement of the D reached KRW 6,862,069,802 solely on the aggregate of the credit balance as of January 22, 2014.
E. On March 5, 2012, the Bankruptcy Bank was declared bankrupt by the Gwangju District Court (2012Hahap1) and appointed the Plaintiff as the bankruptcy trustee.
【Defendant A’s ground for recognition】 The judgment of deemed confessions (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act : Defendant B’s company (hereinafter “Defendant Company”): The fact that there is no part of the dispute, the entries in subparagraphs 1 through 3 (each number is included), and the purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendants, as the comprehensive collateral guarantor of the principal debtor of each credit transaction agreement of this case, are jointly and severally and severally liable to D and E to the Plaintiff for the outstanding debt amount, KRW 2.310 million, which is part of the remaining loans sought by the Plaintiff, and the said amount, barring any special circumstance.