beta
Text
1. The Defendants jointly and severally do not exceed KRW 500,000,000 for each of the Plaintiff, and KRW 1,792,789,063 and its total of KRW 964,001.
Reasons
1. Facts of recognition;
A. On September 26, 2013, Seoul Mutual Savings Bank (hereinafter “Bankruptcy Bank”) was declared bankrupt on September 26, 2013 by Seoul Central District Court Decision 2013Hahap139, and on the same day, the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.
B. On August 11, 2011, the bankrupt bank concluded a credit transaction agreement with Nonparty D, and loaned KRW 2.1 billion to the general financing financing subject, and the rate of delay damage was set at the interest rate set by the bankrupt bank.
C. On the same day, the bankrupt bank set up a collateral of KRW 2.73 billion with the jointly secured maximum debt amount of KRW 2.73 billion, and the Defendants jointly and severally guaranteed the debt of KRW 500 million with the limit of KRW 500 million.
The loan principal remaining as of the date of the closing of argument is KRW 1,071,112,879.
[Ground of recognition] Unsatisfy, Gap 1 to 2 evidence, each entry (including additional number) in Eul 2, the purport of the whole pleadings
2. Determination
A. As to determining the Plaintiff’s cause of claim, Defendant B and A are arguing that there was no joint and several liability for all of the principal debt.
According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount equivalent to KRW 964,01,591 out of the remaining principal of the loan and KRW 1,792,789,063 of the total amount of damages for delay until May 1, 2014, and KRW 964,001,591 of the remaining principal of the loan and KRW 23% of the agreed interest rate from May 2, 2014 to the date of full payment, which is the day following the date of calculating damages for delay.
The plaintiff's assertion is justified within the above scope of recognition.
B. Determination 1 on the remainder of the Defendants’ remaining assertion 1) Determination on Defendant B’s primary debtor D is a person who has no economic ability and whose loan is null and void: The primary debtor D is in any economic situation.