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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,974,132,60 and KRW 782,475,425 among them.
Reasons
1. The following facts of recognition do not conflict between the parties, or can be acknowledged by taking account of the whole purport of the pleadings in the descriptions of Gap evidence 1 to 5, evidence 6-1, evidence 6-2, evidence 9, evidence 10-3, evidence 6, 7, 10 through 17, 19-22, 24, 25, evidence 28, evidence 11, evidence 13, evidence 14, and evidence 14.
1) The Defendant Company A (hereinafter “Defendant Company”)
Around December 15, 2006, Korea Exchange Bank (hereinafter “Foreign Exchange Bank”) (hereinafter “Foreign Exchange Bank”)
(B) A credit transaction agreement between the Bank and the Bank of Korea was made with a loan for general corporate financing in the subject of credit, the agreed amount of KRW 1,900,000,000,000, the agreed term of December 15, 2007, and the interest rate of KRW 0.41% [market interest rate of KRW 1,90,000,000,000 from a foreign exchange bank on the same day (hereinafter “instant loan”).
2) The instant loan applies to the Bank Credit Transaction Basic Terms and Conditions, and the Bank Credit Transaction Basic Terms and Conditions apply to the Bank Credit Transaction Terms and Conditions. Article 3 of the Bank Credit Transaction Basic Terms and Conditions provide that “The debtor shall comply with the Bank’s terms and conditions within the highest rate, time and method of payment of interest, etc., and other restrictions as stipulated by the Acts and subordinate statutes,” and that “if the debtor delays the discharge of his obligations to the Bank, the amount to be paid shall be deemed as 365 days at the rate of one year and 365 days as determined by the Bank within the limit stipulated by the Acts and subordinate statutes, and compensation for delay equivalent to the number of days
As a result, the foreign exchange bank shall pay the instant loan at the overdue interest rate ① The overdue interest rate calculated as follows: The overdue interest rate per each overdue interest rate of not less than one month but less than three months and less than three months, and at least 8% 9% 10% of the premium rate per overdue period of not less than three months.