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1. The Plaintiff:
A. As to the amount of KRW 457,086,292 and the amount of KRW 273,237,556 among the aforementioned amounts, Defendant Vienna Co., Ltd. (hereinafter “NN”) on August 6, 2014.
Reasons
1. Facts of recognition;
A. The Defendant Company, Inc., Ltd. (hereinafter “Defendant Company”), received each loan from the Plaintiff as listed below, and the Defendant Company jointly and severally guaranteed all the obligations owed by the Defendant Company to the Plaintiff as follows:
Loans 1 Loans 2.3 Loans 2.06-9-22 2008-3-21 2010-1 2010-1 201-5 201-5-20 on the date of maturity 2011-3-18 201-18-30 201-1-20 (limit) 200,000,000 won 4,000,000 won 179,000,000 won 30,000,000 won and 48,000,000,000 won and 200,000,118,80,00000,72,000 guarantors for Defendant A’s guarantee under the limited guarantee form of Defendant A’s Type of Guarantee.
B. At the time, the Defendant Company approved that the terms and conditions of bank credit transactions apply to each of the above loans, and agreed to apply interest and delay damages to the interest rate determined by the Plaintiff. The rate of delay damages determined by the Plaintiff is 19% per annum until December 29, 201 and 17% per annum from the following day.
C. The Defendant Company lost the benefit of time due to the delayed repayment of each of the above loans, and the balance of loans as of August 5, 2014 is KRW 457,086,292 (i.e., the balance of principal KRW 273,237,556).
[Ground for recognition] For Defendant Company: The fact that there is no dispute against Defendant A, each entry of evidence Nos. 1 to 5 (including each number), and the purport of the whole pleadings as to the confession (Article 150(3) of the Civil Procedure Act)
2. According to the facts of the above recognition, the Defendant Company is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum under the agreement from August 6, 2014 to May 21, 2015, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as requested by the Plaintiff, with respect to the amount of KRW 457,086,292 in balance of the above loans and the principal amount of KRW 273,237,56 in balance of the above loans. Defendant A is obligated to pay damages for delay calculated from August 6, 2014 to the date of final delivery of a copy of the complaint