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1. The Defendant shall pay to the Plaintiff KRW 1,517,496,648 and KRW 609,377,177 among them, from November 23, 2015 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. According to each of the statements in Gap evidence Nos. 1 through 9, the facts such as the entry of the reasons for the claim in the annexed sheet are recognized.
B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the agreed rate of 15% per annum from November 23, 2015 to the day of full payment, with respect to the balance of principal and interest of KRW 1,517,496,648 and the balance of principal to KRW 609,37,177,177,177, the following day after the calculation of the final damages for delay, and to pay them within the limit of KRW 2,978,00,000, the ceiling of the total
2. Judgment on the defendant's defense
A. Defendant’s assertion 1) A from a limited liability company B to a limited liability company C on March 30, 2009 (hereinafter “instant loan agreement”) and a loan agreement entered in the attached form of claim as a limited liability company C.
(2) At the time of the acquisition of the obligation for the loan, the Defendant refused to enter into a joint and several guarantee contract. However, the Plaintiff’s Bapo Branch employees entered into a joint and several guarantee contract with the effect that the Defendant would be aware of the damage after the acquisition of the obligation, and that the Defendant would not have any time to obtain approval again.
3) Therefore, according to each of the statements in the evidence Nos. 1 through 4 of the loan contract in this case, the defendant is not liable to the plaintiff for joint and several liability under the loan contract in this case, or the joint and several liability contract between the plaintiff and the defendant is null and void by false agreement. According to the facts stated in the evidence Nos. 1 through 4, the defendant has withdrawn from the position of the representative director and director of a limited company C on March 16, 2009 and March 18, 2009, two weeks prior to the fulfillment of the obligation under the loan contract in this case, and the defendant has dispatched to the plaintiff on September 27, 201, a certificate of content that requires the cancellation of joint and several liability.
2. However, as alleged by the Defendant, the Plaintiff’s employee agreed to exempt the Defendant from the joint and several liability after the acquisition of the obligation.
or joint and several suretiess between the plaintiff and the defendant.