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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned the Defendant A Co., Ltd. (hereinafter “Defendant A”) KRW 75,00,00 on March 27, 2015, KRW 9.9% per annum, interest rate of KRW 9.9% per annum, interest rate of KRW 25% per annum, repayment method of principal and interest, repayment period of KRW 48 months, ② interest rate of KRW 120,000 per annum, 7.9% per annum, interest rate of KRW 25% per annum, repayment method of principal and interest, repayment method, repayment period of KRW 60 months, and each of the above joint and several debt obligations with respect to the Defendant A’s loan obligations against the Plaintiff. Defendant B set the maximum amount of the guaranteed debt as KRW 90,00,00 per annum, and KRW 144,00,000 per annum, respectively.
B. At the time of each of the above loans, the Plaintiff and Defendant A agreed that the payment of the principal and interest on installment payments or the interest on installment payments would be deprived of the benefit of the given period in the event of a delay in the payment of the principal and interest on installment payments on at least two consecutive occasions. Defendant A lost the benefit of September 1, 2016 by delay in the payment of principal and interest on installment payments
C. As of September 5, 2016, Defendant A’s obligation to provide loans to the Plaintiff is KRW 165,822,147, the total amount of KRW 5,712,151, including principal and interest interest, and KRW 171,534,298.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, 2, Gap evidence 6-8, 1-2, 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. As to the Plaintiff’s claim against the Defendants for the payment of the remaining principal and interest of loan and the joint and several liability, the Defendants delayed payment of the principal and interest of installment due to the failure to recover sales claims from September 21, 2016. The Defendants asserted to the effect that demanding full payment to the Defendants on the ground of loss of payment of interest due to the fact that there was no problem in the collection of the principal and interest of loan by establishing a collateral security on the large bus owned by Defendant A, even though there was no problem in the collection of the principal and interest of loan, it is excessive to demand full payment
B. The judgment of the defendant A is based.