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1. The Plaintiff:
A. Defendant B shall pay KRW 10,849,314 as well as KRW 10,849,314;
B. The defendants shall be jointly and severally, and (1).
Reasons
1. Determination on the Plaintiff’s assertion of the cause of claim
A. In fact, the Plaintiff entered into a credit transaction agreement (hereinafter “credit transaction agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), ① the credit transaction agreement with the credit amount of KRW 450,000,000 on September 1, 200, and the expiration date of the credit period of KRW 450,000 on September 1, 2010 (the last extension on August 29, 2014) (hereinafter “credit transaction agreement”); ② the credit amount of KRW 80,00,000 on April 8, 201; the expiration date of the credit period of KRW 80,000,000 on April 18, 2012 (the last extension on April 17, 2015) (hereinafter “credit transaction agreement”); ③ the credit transaction agreement with each credit transaction agreement with the credit amount of KRW 30,000,000 on April 24, 2014 (hereinafter “credit agreement”).
(1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) guaranteed each of the instant credit transaction agreements, with the maximum amount of KRW 96,00,00,00 for the Plaintiff’s obligations owed by Defendant B under the second credit transaction agreement to the Plaintiff according to the Plaintiff’s credit transaction agreement. The maximum amount of the Defendant Co., Ltd.’s obligations owed to the Plaintiff according to the Plaintiff’s credit transaction agreement was KRW 162,00,000 for each of the instant credit transaction agreements.
Defendant B lost the benefit of time due to the failure to repay the obligation under each of the instant credit transaction agreements until November 24, 2019. The obligation of loans under each of the instant credit transaction agreements, which occurred until November 24, 2019, is KRW 10,849,314 in the case of a first credit transaction agreement, KRW 103,335,746 in the case of a second credit transaction agreement, and KRW 17,68,651 in the case of a third credit transaction agreement (in the case of a third credit transaction agreement, KRW 59,608,776 in the principal amount, KRW 43,726,970 in the interest and delay damages).
Meanwhile, according to each credit transaction agreement of this case, damages for delay shall apply the interest rate set by the Plaintiff and there is a change in the interest rate.