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1. As to KRW 90,372,852 and KRW 48,161,164 among the Plaintiff, Defendant C Co., Ltd., from April 23, 2019 to June 20, 2019.
Reasons
1. Facts of recognition;
A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd.”) provides “third loans” between the Plaintiff and the Plaintiff, including KRW 20,000,000 on April 13, 2010 (hereinafter “first loans”), KRW 220,000,000 on July 18, 2013 (hereinafter “second loans”), and KRW 80,000,000 on August 23, 2013.
(B) A loan was concluded with the Plaintiff, and each of the above amounts was loaned from the Plaintiff. (B) Defendant D concluded a guarantee agreement with respect to the second loan up to KRW 24,00,00,00 for the second loan, KRW 26,40,00 for the second loan, and KRW 14,40,00 for the third loan. C. The Defendant Company paid interest for each of the above loans up to the final payment date as set forth below, but lost interest due date due to delay in interest payment, and partially recovered each of the above loans on March 25, 2015 (as of April 22, 2019, KRW 200 for the second loan, KRW 24,00 for the second loan, KRW 26,40 for the second loan, KRW 14,400 for the second loan, KRW 30,400 for the first loan, KRW 36,364,368,418 for the last payment date as set forth in the following table, KRW 1636,84,20.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant company is obligated to pay to the plaintiff the total amount of outstanding principal and interest (as of April 22, 2019) KRW 90,372,852 and the remaining principal amount of KRW 48,161,164 from April 23, 2019 to June 20, 2019, which is clear that the original copy of the instant payment order was served on the defendant company, 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment, and the defendant who is the guarantor.