1. The Defendants shall jointly and severally pay to the Plaintiff KRW 13,723,298 as well as the interest rate from January 21, 2017 to the date of full payment.

Facts of recognition

A. On January 12, 2016, Defendant A Co., Ltd. (hereinafter “Defendant Company”) agreed to pay the principal and interest in installments over a period of 60 months from February 20, 2016 to January 20, 2016, at the rate of 5.9% per annum interest, and interest in arrears at a rate of 24% per annum, and to pay the principal and interest in installments from February 20, 2016 to January 20, 2021.

(hereinafter “instant loan agreement”). Defendant B, on the same day, jointly and severally guaranteed the obligation under the instant loan agreement against the Plaintiff of the Defendant Company.

B. However, from October 21, 2016, Defendant Company did not pay obligations under the instant loan agreement, and lost the benefit of time around that time.

C. On November 18, 2016, the instant vehicle was disposed of to a third party by public auction. The winning price is KRW 34,690,000 for the instant vehicle, and the Plaintiff recovered KRW 29,913,370 for the Plaintiff.

As of January 21, 2017, the amount recovered by the Plaintiff left KRW 13,723,298 as of January 21, 2017, as the result of appropriating the expenses, interest, and principal under the loan agreement of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings, barring any other special circumstances, the defendants are jointly and severally liable to pay to the plaintiff 13,723,298 won and damages for delay calculated at the rate of 24% per annum from January 21, 2017 to the date of full payment.

Therefore, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition with the assent of all participating Justices.