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1. The Defendants are jointly and severally liable to the extent of KRW 54,00,000,000 for Defendant C and the Plaintiff’s KRW 57,295,031.
Reasons
1. Basic facts
A. On August 27, 2013, the Plaintiff entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on a credit limit of KRW 45 million, and August 27, 2014 (hereinafter “instant loan”). Defendant C jointly and severally guaranteed the Defendant Company’s loan obligations to the Plaintiff within the limit of KRW 54 million.
B. According to the credit transaction basic terms and conditions that approved the Defendant Company’s application at the time of the instant loan agreement, where the Defendant Company delayed the repayment of the instant loan obligation, the Defendant Company shall pay damages for delay at the rate determined by the Plaintiff within the limit prescribed by law. Since February 2, 2015, the rate of damages for delay is 15% per annum.
C. On July 21, 2014, Defendant C, while paying to the Plaintiff KRW 5 million out of the loan, signed and sealed the credit transaction term of the instant loan obligation with the qualification of the representative of Defendant C and the joint and several sureties in an additional agreement on the change of the credit transaction conditions, which changes the transaction term of the instant loan from August 27, 2014 to August 27, 2015.
D. The instant loan obligation was due to delayed repayment of the principal and interest of the Defendant Company’s loan, and the remainder as of July 31, 2017 is KRW 45 million for the principal remaining as of July 31, 201, and the fixed delay damages are KRW 12,295,031 for the principal and interest of the Defendant Company.
[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 8, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts above, barring any special circumstance, Defendant Company is the principal debtor of the instant loan obligation, and Defendant C is jointly and severally joint and several surety. However, Defendant C is liable to pay to the Plaintiff the total amount of principal and interest in arrears within the limit of collateral guarantee of KRW 54,00,000,000, and to pay to the Plaintiff 57,295,031 (=the total amount of principal and interest in arrears plus KRW 12,295,031 per annum from August 1, 2017, which is the following day of the above base date to the date of full payment) and the agreed delay damages calculated at the rate of 15% per annum from August 1, 2017 to the date of full payment.
(b).