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1. Defendant A, Inc., Ltd., B, D, E, and F are jointly and severally liable to the Plaintiff for KRW 1,091,101,087 and the Defendant with respect thereto.
Reasons
1. Facts of recognition;
A. On September 14, 2007, Seoul Mutual Savings Bank (hereinafter “A”) granted a loan of KRW 6,500,000 per annum, KRW 12% per annum, KRW 23% per annum, and KRW 23% per annum, and KRW 3% per annum on September 14, 2010 (hereinafter “instant loan”). Defendant Co., Ltd. (hereinafter “B”), D, E, and C (hereinafter “C”), and F jointly and severally guaranteed the instant loan obligations.
B. Seoul Mutual Savings Bank was declared as the Seoul Central District Court 2013Hahap139 on September 26, 2013, and the Plaintiff was appointed as the trustee in bankruptcy on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-1 to 4, and 8-2, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s claim 1) The Plaintiff alleged that the Plaintiff had remaining KRW 2,345,630,862 in total with interest on the instant loan obligation and damages for delay from September 25, 2009 to June 26, 201, as shown in the calculation table of the interest on loan and damages for delay, as shown in attached Table 1 A, and the Plaintiff sought payment of KRW 1,876,50,690, which is part of KRW 2,221,085,645 ( KRW 794,429, KRW 894,102,622, KRW 235,087,327, KRW 1,091,091,087) from September 25, 2009 to June 26, 2011, the Defendants are liable to pay the balance of the instant loan obligation to the Plaintiff as the principal obligor of the instant loan and the joint surety.
Furthermore, as seen earlier, Article 3(5) of the Seoul Mutual Savings Bank’s Basic Terms and Conditions, which applies to the instant loan, shall be paid immediately in cases where an obligor delays the performance of his/her obligations to a savings bank, in full view of the purport of the entire pleadings in the statement in the evidence Nos. 1-1 and 13 as to the amount of damages for delay claimed by the Plaintiff among the instant loan obligations, and the expiration date of the loan term of this case was September 14, 2010.