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1. The Defendants jointly and severally pay to the Plaintiff KRW 33,170,088 and KRW 20,107,797 among them. The Defendants shall pay to the Plaintiff full payment from June 17, 2015.
Reasons
1. Facts of recognition;
A. On April 6, 2011, the Plaintiff, under the joint and several guarantee of Defendant B and C, lent KRW 60,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as a loan name for the second class loan, with the loan term of KRW 36 months and interest rate of KRW 28.5% per annum.
(hereinafter “instant loan agreement”). B.
At the time of the instant loan agreement, the Defendants agreed to lose the benefit of time and to repay the remaining principal and damages for delay calculated by adding 33% per annum to the remaining principal and damages for delay.
C. Defendant Company lost its interest on August 20, 2013 due to its failure to perform its obligation to repay loans under the instant loan agreement.
The details of obligations owed by the Defendants under the instant loan agreement as of June 17, 2015 are as follows.
The remaining principal other than the amount repaid from the loan: Interest of KRW 20,107,797: 1,717,187: 11,345,104: 33,170,088 won / [based on recognition] between the Plaintiff and the Defendant Company A and the Defendant Company A, there is no dispute between the Plaintiff and the Defendant, and the purport of the entire pleadings, and the purport of the whole pleadings.
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 3,170,088 won of the principal and interest of interest of KRW 33,170,08 and the remaining principal of KRW 20,107,797 with the agreed interest rate of KRW 33% per annum from June 17, 2015 to the date of full payment.
As to this, Defendant B did not hear any explanation of the terms of the loan agreement of this case, and asserted that Defendant B did not bear any guarantee obligation under the loan agreement of this case since it was not signed and sealed directly on the application of the loan agreement of this case.
According to the purport of each of the statements and arguments and evidence Nos. 4 through 6, Gap evidence No. 8-1 through 19, and Gap evidence No. 10-14, the defendant.