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Reasons
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(영문) 서울중앙지방법원 2015.04.03 2013가합526135 (1)
양수금
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1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 1,928,03,951 and KRW 570,288,01 among them, starting from May 14, 2013.

Reasons

1. In full view of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 3, 5, Gap evidence Nos. 6 through 8, 10-10, and evidence Nos. 1, 2, 11, and 12 against defendant A, defendant A obtained a loan from the Korea Savings Bank Co., Ltd. on July 10, 2006 with interest rate of KRW 1,490,000 per annum 8.8% per annum, delay delay damages, 22.8% per annum, July 10, 2007, and interest rate of KRW 2,086,00,00 on the same day (hereinafter "the loan of this case"), defendant B had joint and several debt of this case on the same day within the limit of KRW 2,086,00,00,000, and the fact that the plaintiff acquired the loan of this case on behalf of defendant D with interest rate of KRW 2,086,00,00.35.

Therefore, Defendant A is obligated to pay the Plaintiff damages for delay calculated at the rate of 22.8% per annum for KRW 1,928,03,951 and for KRW 570,28,01 among them from May 14, 2013 to the date of full payment. Defendant B and D are jointly and severally liable with Defendant A to pay the said principal and interest of interest of KRW 2,086,00,000 to the extent of KRW 2,00.

2. On July 10, 2006, the Plaintiff asserted that, on behalf of Defendant C, on behalf of Defendant C, the Plaintiff jointly and severally guaranteed the instant loan obligation in the name of Defendant C with the limit of KRW 2,086,00,000, and the Plaintiff acquired the instant loan obligation on December 21, 2010. Since Korea Savings Bank notified it to Defendant C, Defendant C was jointly and severally liable to pay the Plaintiff the principal and interest of the instant loan and delay damages up to the limit of KRW 2,086,00,000 to the Plaintiff.

However, only the descriptions of the evidence Nos. 4 and 9-1 and 2 of the evidence Nos. 9-2 have been granted by Defendant C the right of representation to jointly and severally guarantee the debt of this case in the name of Defendant C.

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