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1. Defendant A’s KRW 22,207,308 and its weight to the Plaintiff:
A. From December 8, 2015 to January 19, 2016, KRW 5,685,471
Reasons
1. Determination as to the request for loans
A. On January 25, 2013, the Plaintiff entered into a loan transaction agreement with Defendant A with a view to KRW 13,000,000, Jan. 25, 2015 on the expiration date of the loan, setting the interest rate of KRW 12.5% per annum and KRW 22% per annum (hereinafter “instant first loan agreement”).
(2) On October 31, 2012, the Plaintiff entered into a loan transaction agreement with C and loans KRW 20,000,000, October 31, 2014 on the expiration date of the loan, interest rate of KRW 14% per annum, interest rate of KRW 22% per annum (hereinafter “instant second loan agreement”), and Defendant A jointly and severally guaranteed the above loan obligations against the Plaintiff.
3) The Plaintiff implemented a loan under the instant loan 1 and 2 agreement. Defendant A was unable to repay its debts despite the expiration date of the loan under the instant loan 1 agreement. As of December 7, 2015, the total amount of principal and interest of KRW 5,685,471, interest of KRW 79,362, etc. as of December 7, 2015 is KRW 5,764,833. Furthermore, Defendant C and Defendant A failed to repay their debts even after the expiration date of the loan under the instant loan 2 agreement, and the principal and interest of KRW 13,133,542, interest of KRW 308,93, etc. was calculated as of December 8, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
B. According to the above facts of determination, Defendant A, as the primary debtor and joint and several sureties based on the instant loan agreement, shall pay to the Plaintiff the total amount of 22,207,308 won (=5,764,83 won 16,442,475 won) and to KRW 5,685,471 of the loan principal based on the instant loan agreement from December 8, 2015 to January 19, 2016, the delivery date of a copy of the instant complaint from January 19, 2016, the amount of 22% per annum under the agreement and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. As to KRW 13,13,542 of the loan principal based on the said loan agreement from December 9, 2015 to the delivery date of a duplicate of the complaint from December 19, 2016.