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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) From April 1, 2017, KRW 80,696,671 and KRW 42,742,458 among them.
Reasons
1. Facts of recognition;
A. On August 31, 2010, the Plaintiff entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with a loan for general funds, credit amount of KRW 50 million: From August 31, 2010 to August 31, 2011 (which was extended from August 31, 2012 to August 31, 201). Interest rate: 4.7% per annum on the yield of distribution in three months, and delay compensation rate: 25% per annum (which was changed to 18% per annum) at the time of delinquency, and loaned KRW 50 million to Defendant Company.
(hereinafter referred to as “first loan”). (b)
On August 31, 2010, the Plaintiff entered into a credit transaction agreement between the Defendant Company with a discount bill, credit amount of KRW 250 million: from August 31, 2010 to August 31, 2011 (which was extended until March 28, 2012): The interest rate: 3.49% per annum on the profits from the distribution of three months, and delay compensation rate: 21% per annum (which was changed to 16.17% per annum) at the time of delay, and the Defendant Company loaned KRW 250 million to the Defendant Company.
(hereinafter “Second Loan”). On January 31, 201, the Plaintiff and the Defendant Company entered into a contract to increase the amount of loans to KRW 470 million by KRW 470 million.
C. Defendant C, based on the loan No. 1 on December 8, 2011, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff within the limit of KRW 65 million with respect to the Defendant Company’s obligation to the Plaintiff based on the loan No. 1, 201, up to KRW 610 million.
As of March 31, 2017, the amount of the first loan extended by the Plaintiff against the Defendant Company as of March 31, 2017 is KRW 80,69,671 (i.e., principal KRW 42,742,458 and damages for delay KRW 37,954,213). The amount of the second loan claims is KRW 72,962,49 (i.e., principal KRW 43,213,006 and damages for delay).
[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally held the principal and interest of the first loan obligation to the Plaintiff in KRW 80,696,671, and the principal amount in KRW 42,742,458.