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1. The Defendants shall be jointly and severally liable to the Plaintiff for KRW 48,309,501 and the Defendants A and B shall be jointly and severally liable to the Plaintiff on April 29, 2016.
Reasons
1. Basic facts
A. On January 8, 2010, the Plaintiff (former Mutual Savings Bank Co., Ltd.) lent KRW 220,000,000 to Defendant A Co., Ltd. on a yearly interest rate of 10.4%, interest rate of delay, 22.4% per annum, and due date for extension period as of January 8, 201.
B. Defendant B and Defendant C, on the same day, jointly and severally guaranteed the Defendant’s limited limit amounting to KRW 286,00,000 to the Plaintiff.
C. The Plaintiff filed an application for the auction of real estate rent with the Suwon District Court Support F for Gyeyang District in relation to No. 102,541,070 of the building E, and the Plaintiff received the total amount of KRW 232,121,582 due to the execution cost, etc. during the above auction procedure, and received KRW 228,541,070 from the Plaintiff.
On January 16, 2012, the Plaintiff was designated and appropriated respectively in the order of KRW 3,591,170, the principal amount of KRW 220,000,000, interest rate of KRW 8,530,412.
Accordingly, the plaintiff's claim against the defendants remains 48,309,501 as of the above date.
[Ground of Recognition] A. A. Each entry into the evidence of No. 1 through 7 (including a branch number), and the overall purport of the pleading
2. Comprehensively taking account of the above facts-finding, the Defendants are obligated to pay damages for delay calculated at the rate of 15% per annum from April 29, 2016, after a copy of the complaint of this case sought by the Plaintiff to Defendant A Co., Ltd. and Defendant B, and from March 28, 2016, from March 28, 2016 to the day of full payment, to which all the copies of the complaint of this case were served to Defendant C, barring special circumstances.
3. The plaintiff's claim for the conclusion is justified and acceptable.