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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. On December 11, 2009, Korea-Japan Mutual Savings Bank was changed to “FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF,” and its trade name was changed to “SFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF,” on September 3
(hereinafter “Nonindicted Bank”). Nonparty Bank was declared bankrupt on April 29, 2014 (Seoul Central District Court 2014Hahap53) and was appointed as bankruptcy trustee on the same day.
B. On June 12, 2007, the non-party bank extended 2 billion won to Defendant A Co., Ltd. (hereinafter “Defendant Company”), “24% per annum,” “36% per annum,” “36% per annum,” and “ June 12, 2008 (which was extended to June 12, 2009)” (hereinafter “the instant loan”), Defendant B, and C jointly and severally guaranteed the Defendant Company’s obligations.
C. The principal of the instant loan was repaid in full upon repayment of KRW 100 million on September 14, 2009, KRW 1.5 billion on September 24, 2009, KRW 1.5 billion on March 17, 2010, and KRW 400 million on March 17, 2010.
On the other hand, until July 10, 2008, interest on the instant loan was paid in a timely manner, and thereafter, it was paid in KRW 390,246,576 on March 17, 2010 as the principal amount of the instant loan was repaid in KRW 400 million.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings
2. The parties' assertion;
A. The Plaintiff’s assertion 1) As to the instant loan from July 11, 2008 to March 16, 2010, the agreed interest or delay damages amounting to KRW 914,564,382 (hereinafter “interest, etc.”) were incurred. However, on March 17, 2010, Defendant B and C, a primary debtor, are jointly and severally liable to pay the Plaintiff KRW 524,317,806 (=564,382 - 390,246,59,485, total of KRW 540,87,291) out of the above interest, etc.’s debt, etc., and Defendant B and C, a primary debtor, jointly and severally, are jointly and severally liable to pay the Plaintiff KRW 524,317,806, out of the above interest, etc.’s debt.