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1. The Defendants jointly and severally (However, within the extent of KRW 60,000,00 for Defendant B) and KRW 53,908,416 for the Plaintiff and 51.
Reasons
1. Determination as to the cause of claim
A. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statement Nos. 1 and 2.
(1) On February 6, 2015, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a rate of 50 million won per annum, interest rate of 2.85% per annum, and 12% per annum, and loaned KRW 50 million to the Defendant Co., Ltd. on February 10, 2015 (hereinafter “instant loan”); and the Defendant B, as the representative director of the Defendant Co., Ltd., on February 6, 2015, jointly and severally guaranteed the instant loan obligation with the ceiling of KRW 60 million per annum.
(2) When the loan agreement of this case does not pay the principal and interest of the installment repayment at the due date, the compensation for delay shall be paid for the amount to be paid, and the expenses incurred by the Plaintiff for the preservation of the claim shall be borne by the Defendants, and the compensation for delay shall be paid in addition to the
(3) As the interest payment of the instant loan was delayed on June 9, 2015, there was a loss of benefit due to delay in payment of interest, and as of April 27, 2016, the instant principal and interest of KRW 53,908,416 (i.e., principal and interest of KRW 50,000,000,000, interest of KRW 725,997, 298,121, interest of KRW 2,884,298).
B. According to the above facts, the Defendants are jointly and severally liable (Provided, That Defendant B, a joint and several surety, has a duty to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, which is 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from April 28, 2016 to June 2, 2016, with respect to the principal and interest of the instant loan, etc. of KRW 53,908,416, and the principal and interest of the loan of KRW 51,024,118, including the principal and interest of the instant loan, etc. of the instant loan from April 28, 2016 to June 14, 2016.
2. Defendant B-.