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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 41,490,192,929 and KRW 38,441,618,00 among them.
Reasons
1. Facts of recognition;
A. On May 2015, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), with each of the following terms: “The type of loan: (a) land security loan, transaction classification: the maximum amount: 121,00,000,000 won: the maximum amount: 35,121,000,000 won: (b) annual interest rate: 8.15%; and (c) the overdue interest rate: 19% per annum at the expiration of the maturity; and (d) Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the instant loan transaction agreement.
B. In accordance with the loan transaction agreement of this case, the Plaintiff implemented a loan on a total of 268 occasions from July 14, 2016 to October 24, 2016, as shown in the attached Table, to the Defendant Company.
C. According to Article 3(1) of the Loan Agreement, the principal cannot be repaid in full to the Do on January 23, 2017, which is the final maturity date of the loan that was last implemented to repay the entire principal of the loan on the maturity date of the loan term fixed. The total amount of the loan unpaid as of May 17, 2017 is KRW 41,490,192,929 (i.e., the principal of the loan principal amount of KRW 38,41,618,00 in overdue interest of KRW 3,00 in overdue interest of KRW 3,048,574,929).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of recognition of the Defendants’ obligation to repay the principal and interest of loan, Defendant Company is the primary debtor, barring any special circumstance, and Defendant B is jointly and severally liable to pay to the Plaintiff the amount of interest of 41,490,192,929 won and the remaining principal of loan to the Plaintiff, 38,441,618,000 won, which is 19% interest rate per annum from May 18, 2017 to the date of repayment.
B. (1) The Defendants’ assertion and determination (1) are true, but in fact, the Defendants did not have the intent to bear the debt, and CD bears the debt of the instant loan.