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1. The Defendants shall be jointly and severally liable to pay KRW 43,615,662 and KRW 10,556,974 from May 13, 2015 to the date of full payment.
Reasons
1. The facts of recognition are as follows: LG Capital Co., Ltd. (the trade name before the change to the Plaintiff Company; hereinafter “Plaintiff Co., Ltd.”) and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded an installment financing agreement on September 3, 2001 on the loan amounting to KRW 15,00,000 for the vehicles (C) in the pressurland (hereinafter “Defendant Co., Ltd.”) and the loan period extended to 36 months for 12 months (the loan period on September 5, 2002; the balance at the time was KRW 13,50,000; the principal amount at the time was KRW 13,50,000); interest and delay interest are in accordance with the interest rate set by the Plaintiff Co., Ltd.; and Defendant B guaranteed the above obligation to the Plaintiff Co., Ltd. on the equal basis of repayment of principal and interest on the fifth day of
Defendant Company fails to pay the principal and interest of the above loans thereafter, and on May 12, 2015, the principal of the above loans unpaid as of May 12, 2015 is KRW 10,556,974, interest amounting to KRW 868,810, and delay damages amounting to KRW 32,191,878.
Plaintiff
Since August 1, 2003, the overdue interest rate determined by the company is 29.9%.
【Reason for Recognition】 Each entry of Evidence Nos. 1 through 11, and the purport of the whole pleadings
2. Determination on the Plaintiff’s cause of claim and Defendant B’s assertion
A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 43,615,662 ( principal KRW 10,56,974, KRW 868,810, KRW 32,191,878) and damages for delay calculated at the rate of 29.9% per annum pursuant to the agreement from May 13, 2015 to the date of full payment.
B. Around September 2001, Defendant B, as the representative director of the Defendant Company, guaranteed the above loans to the Plaintiff Company as the representative director of the Defendant Company. Around May 2004, Defendant B transferred the management right of the Defendant Company to D and thereafter retired from the representative director, Defendant B asserted to the effect that he does not bear the above joint and several liability obligations against the Plaintiff Company. However, the above circumstance alone is that the said joint and several liability obligations for the Plaintiff Company, which already occurred, are extinguished.