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1. The Plaintiff:
A. As to KRW 13,425,775 and KRW 30,000,00 among them, Defendant A Co., Ltd., from October 24, 2018.
Reasons
1. Facts of recognition;
A. On July 21, 2015, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement with the Plaintiff under the following conditions (hereinafter “instant credit transaction agreement”). Accordingly, Defendant B set the maximum guarantee amount as 36 million won and jointly and severally guaranteed the said agreement.
The maximum interest rate of 15% per annum (10.49%) at the highest interest rate of 15% per annum (6% per annum where the overdue period is not more than one month, 7% per annum where the overdue period is more than one month but not more than three months, and 8% per annum where the overdue period is more than three months) at the interest rate of 30,000 won (10.49% per annum, 6% per annum, 7% per annum where the overdue period is more than three months, and 8% per annum where the overdue period is more than three months).
On July 21, 2015, the Defendant Company entered into a credit card subscription agreement with the Plaintiff (hereinafter “instant credit card subscription agreement”). Accordingly, Defendant B determined the maximum guarantee limit as 24 million won and jointly and severally guaranteed.
C. As of October 23, 2018, loans under the instant credit transaction agreement remains in KRW 33,425,775 in total, with the principal of KRW 30 million and interest of KRW 3,425,775 in total. ② Credit card payment based on the instant credit card subscription agreement remains in KRW 2,125,50 in total, interest of KRW 523,70 in total.
The credit card payments of the defendant company are managed as special bonds, and the agreed interest rate applied to special bonds is 24% per annum.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 through 9, and the purport of the whole pleadings
2. According to the above facts, the Defendant Company pays to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the agreed interest rate within the maximum interest rate from October 24, 2018 to the date of full payment, as to the remaining principal and interest of loans up to October 23, 2018, and the remaining principal and interest of loans up to October 23, 2018.