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1. The Defendants jointly and severally pay to the Plaintiff KRW 97,873,152 and KRW 97,584,409, among them, shall be fully paid from September 18, 2014.
Reasons
1. Determination on the cause of the claim
(a) The facts following the facts of recognition do not conflict between the parties, or may be recognized by taking into account each entry in Gap evidence 1 to 5 (including paper numbers) and the whole purport of the pleadings:
On July 25, 2014, the Plaintiff loaned KRW 100,000,00 to Defendant A Co., Ltd. (hereinafter “Defendant Company”), 36 months of the loan period, and 9% of the loan interest rate per annum. Defendant B guaranteed the above debt.
B. At the time, the Plaintiff and the Defendant Company: (a) registered the vehicle (numberd after the alteration: D; hereinafter “the instant vehicle”) in the name of the Defendant Company within 30 days from the date of the payment of the loan; (b) decided to immediately repay the loan, interest, delay damages, and incidental expenses if the Plaintiff did not set up a mortgage with the first priority order; and (c) decided to immediately repay the loan, interest, delay damages, and expenses incurred until the date of repayment; and (d) decided to immediately repay the remainder and all obligations related to the remainder by 25% per annum.
C. On July 25, 2014, the Plaintiff paid the Defendant Company KRW 100,000,000.
The Defendant Company did not perform the duty to create mortgage in the order of the Plaintiff as to the instant vehicle within 30 days from July 25, 2014, the date of payment of the loan.
E. As of September 17, 2014, the instant debt amounting to KRW 97,873,152 in total, including the principal amount of KRW 97,584,409, interest in arrears of KRW 288,743, etc.
B. According to the above facts, the Defendant Company did not perform the duty of establishing a mortgage with respect to the instant vehicle in the first order within 30 days from July 25, 2014, the date of loan payment, and thus lost the benefit of August 26, 2014. Thus, the Defendant Company is obligated to immediately pay the Plaintiff the principal, interest, and delay damages of the instant obligation. Accordingly, the Defendant Company and the Defendant B, a joint and several surety, are liable to pay the principal, interest, and delay damages of the instant obligation.