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The Defendants are jointly and severally liable to the Plaintiff
(a) As to KRW 37,874,486 and its 33,573,97 among them, the Defendant from November 11, 2019.
Reasons
1. Basic facts
A. On June 29, 2015, Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained a loan by setting KRW 200,000,000 as business conversion funds from the Plaintiff at the agreed interest rate of 4.21% per annum, and at the rate of delayed loss on principal and interest and substitute payment at 12% per annum (hereinafter “instant loan”). At the time, Defendant Company was the representative of the Defendant Company at the time.
D The limit was 240,000,000 won for the Defendant Company's above loan obligations.
B. On May 10, 2017, the Defendant Company received a loan from the Plaintiff at an agreed interest rate of KRW 300,000,000 per annum 2.36% per annum, and at an annual rate of delay damages on principal and interest and substitute payments, 12% per annum (hereinafter “second loan”). At the time D used a collateral guarantee for the Defendant Company’s above loan amount of KRW 360,000,000, with the ceiling amount of the Defendant Company’s above loan amount of KRW 360,000.
(c)
The Defendant Company lost the benefit of August 13, 2018 due to the delay in the payment of principal and interest. The Plaintiff applied the delayed rate of damages for each of the above loans from January 1, 2019 to 6% per annum.
(d)
As of November 11, 2019, the Plaintiff’s claim amount relating to the first loan is the principal amounting to KRW 33,320,00,00, interest rateing to KRW 253,97, delay damages to KRW 4,30,489, and the Plaintiff’s claim amount relating to the second loan is the principal amounting to KRW 300,000,000, interest rateing to KRW 3,045,368, subrogated payment, KRW 1,078,737, delayed damages, and KRW 29,872,874.
E. Meanwhile, D’s death on August 30, 2019 and succeeded to Defendant C’s property.
On October 15, 2019, Defendant C filed a report on the fixed acceptance of the above limited approval on October 31, 2019, which succeeded to the support of Suwon Family Court 2019, 100302, and the above court rendered a judgment on October 31, 2019.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including various numbers), and the purport of the whole pleadings
2. According to the facts seen earlier, the Defendants jointly and severally agreed upon KRW 37,874,486 to the Plaintiff (= KRW 33,320,000, KRW 253,997).