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1. The Defendants jointly and severally pay to the Plaintiff KRW 34,172,790.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Facts of recognition;
A. On April 20, 2007, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit amount of KRW 121,00,000, a maximum of 22% per annum on delay damages, and April 20, 2012 on the expiration date of the credit period (hereinafter “the instant credit transaction agreement”); Defendant B, on November 30, 2009, jointly and severally guaranteed the Plaintiff’s debt owed by Defendant A under the said credit transaction agreement with the maximum of KRW 157,30,000,00.
(hereinafter referred to as the “instant limited collateral guarantee agreement”). B.
As of the date of closing argument of this case, the amount of claims held against Defendant A based on the credit transaction agreement of this case as of the date of closing argument of this case is KRW 34,172,790.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay KRW 34,172,790 to the Plaintiff according to the instant credit transaction agreement and the instant limited collateral security agreement.
B. As to the Defendants’ assertion on the first argument, the Defendants asserted to the effect that the Defendants cannot claim for the overdue interest accrued during the pertinent period, since the Plaintiff did not comply with the order of correction of the auction court in executing a voluntary auction on real estate, which is a security of obligation under the instant credit transaction agreement, and the auction date was delayed for more than two years.
According to each of the evidence Nos. 6 through 11, and No. 1, Defendant A provided the Plaintiff with Nos. 201 through 203 (hereinafter “instant real property”) of the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real property”) as collateral in order to secure the obligation under the instant credit transaction agreement. The Plaintiff completed the registration of establishment of a mortgage on April 20, 207 with the maximum debt amount of KRW 157,300,000 with respect to the instant real property, and Defendant A from April 2, 2013.