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1. The Plaintiff:
A. As to KRW 118,593,718 and KRW 59,679,380 among them, Defendant A Co., Ltd. shall start from August 18, 2015.
Reasons
1. Facts of recognition;
A. On May 19, 2010, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “A”) with a view to paying damages for delay calculated at the interest rate as determined by the Plaintiff pursuant to the Bank Credit Transaction Basic Terms and Conditions (hereinafter “the instant credit transaction agreement”) in the event that Defendant A fails to repay his/her obligation on the expiration date of the credit period or loses his/her benefit from the expiration date of the credit period, on May 18, 201, the Plaintiff provided money to Defendant A as a result.
B. On the same day, E guaranteed Defendant A’s loan obligations under the instant credit transaction agreement within the limit of KRW 72 million to the Plaintiff.
C. As of August 17, 2015, the remainder of the loan obligations under the instant credit transaction agreement is KRW 118,593,718 (= Principal KRW 59,679,380 or delay damages KRW 589,143,338). The rate of delay damages that the Plaintiff applied from January 30, 2015 to the present date is 15% per annum.
E died on October 6, 2010, and his wife and children renounced their inheritance and succeeded to their property by Defendant C and D.
【Ground of recognition】 An without any dispute, entry of Gap evidence 1-1, 2, 2, and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, Defendant A sought payment of damages for delay from August 18, 2015, which is the following day of the base date, to the Plaintiff for the total amount of 118,593,718 won of the principal and interest of loan and the principal amount of 59,679,380 won among them (the Plaintiff claimed payment of damages for delay from August 17, 2015), but the Plaintiff himself claims that the principal and interest of the loan are calculated by August 17, 2015, and that the amount of the principal and interest of the loan is calculated by August 17, 2015, this part of the claim is without merit). Defendant C and D as the heir of the network E, jointly and severally with Defendant A, shall pay the amount equivalent to the statutory inheritance share of the above amount of 72 million won.