Text
1. The Defendants are jointly and severally liable to the extent of KRW 448,50,000, Defendant B’s KRW 81,758,302 and the Plaintiff’s amount of KRW 21,323.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) Plaintiff (the trade name of the Plaintiff was the “Trho New Mutual Savings Bank,” which was originally changed on January 2, 2013.
(1) On October 22, 2009, Defendant A entered into a credit transaction agreement with Defendant A (22% per annum on a delayed damage rate) and loaned KRW 345,00,000 to Defendant A (hereinafter “instant loan”).
(2) On November 23, 2009, Defendant B guaranteed the Plaintiff the obligation to repay the instant loan within the limit of KRW 448,500,000 to the Plaintiff on the same day. (2) On November 23, 2009, the Plaintiff jointly and severally guaranteed the Plaintiff the obligation to repay the instant loan, which is the “debtor A, Defendant A, the maximum debt amount of KRW 448,500,000,” and the Plaintiff paid KRW 3,000,000 out of the principal amount of the instant loan to the Plaintiff on April 25, 2013.
3) On June 9, 2014, the Plaintiff filed an application for the commencement of voluntary auction with the Incheon District Court D, and the above court received it. 4) On January 30, 2015, the Plaintiff received 321,204,121 won in the voluntary auction procedure of the above real estate. At the time, the principal amount of the instant loan was KRW 342,00,000, interest and delay damages was KRW 59,965,463, and the Plaintiff paid KRW 5,451,560 in relation to the above voluntary auction. During the above voluntary auction procedure, the Plaintiff paid KRW 4,766,30 (the amount including KRW 4,541,80 distributed as expenses for execution under the distribution schedule) and offset the instant loan claims against Defendant A’s deposit KRW 15,254,00.
5) Article 13 of the General Terms and Conditions on Credit Transactions of a mutual savings bank provides for the following matters:
However, savings banks shall not be favorable to the debtor.