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1. The Defendants jointly and severally pay to the Plaintiff KRW 75,313,778 and KRW 46,36,060 among them, from September 18, 2015.
Reasons
1. Facts of recognition;
A. On September 11, 2008, the Plaintiff loaned KRW 100 million to Defendant A at the rate of 8.9% per annum and 16% per annum until September 11, 2011.
(hereinafter “instant loans”). (b)
On October 27, 2011, Defendant B guaranteed Defendant A’s debt of the instant loan to the Plaintiff within the limit of KRW 100 million.
[Defendant B's assertion that the debt of this case was not jointly and severally guaranteed, but in light of the fact that the above defendant's seal imprint is affixed to the letter of collateral guarantee (Evidence A) and the copy of the above defendant's resident registration certificate at the time of the preparation of the letter of collateral guarantee and the certificate of the personal seal impression issued by the above defendant, the above defendant consented to the joint and several guarantee of the debt of this case, and the above defendant's above assertion is rejected).
The principal and interest of a loan that has not been paid as of September 17, 2015 is KRW 75,313,778 ( principal KRW 46,36,060) and interest KRW 28,977,718).
[Ground of recognition] The fact that there is no dispute, Gap 1, 6, 7 evidence, witness C's testimony, and the purport of whole pleading
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 75,313,778 as well as the amount of KRW 46,36,060 as the interest rate of KRW 16% per annum from September 18, 2015 to the date of full payment (However, Defendant B is within the limit of KRW 100,000,000).
(1) The Plaintiff’s claim is based on the premise that the agreed interest rate for delay is 18% per annum, but the agreed interest rate for delay is 16% per annum as seen earlier, and thus the part in excess is not accepted).3. Thus, the Plaintiff’s claim in this case is justified within the above recognition limit, and the remainder of the claim is dismissed. It is so decided as per Disposition.