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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) However, Defendant D is limited to KRW 76,943,413 within the limit of KRW 96,00,000;
Reasons
1. Determination on the Plaintiff’s assertion of the cause of claim
A. The facts of recognition (1) concluded a credit transaction agreement with Defendant C Co., Ltd. (hereinafter “E”) on January 22, 2013, with a credit extension amount of KRW 80,000,00,000 on the expiration date of the credit, and the overdue interest rate of KRW 15% per annum on January 2014 (hereinafter “the first agreement”). Defendant D guaranteed the first agreement with the same day’s maximum amount of KRW 96,00,000 on November 29, 2013, with the credit extension amount of KRW 200,00,000,000, and the credit extension rate of KRW 15% per annum on October 24, 2016 (hereinafter “the credit extension agreement”). Defendant D signed a credit transaction agreement with Defendant D’s maximum amount of KRW 20,000,000 on October 24, 2016.
Around December 30, 2014, the Defendant Company lost the benefit of time by delaying the performance of the principal and interest obligation under the provisions of Articles 1 and 2, and E transferred its claim against the Defendants under the provisions of Articles 1 and 2 of this case to F Limited Liability Company, notified the Defendants of the above assignment of claim at that time. F Limited Liability Company transferred its claim against the Defendants under the provisions of Articles 1 and 2 to the Plaintiff on February 25, 2020, and notified the Defendants of the above assignment of claim around that time.
As of December 31, 2019, the debt balance under the agreement under paragraph (1) is KRW 80,00,00 for principal and KRW 43,109,462 for overdue interest and KRW 123,109,462 for overdue interest and KRW 131,428,58,580 for principal and KRW 98,818,697 for overdue interest and KRW 230,247 for overdue interest under the agreement.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
B. According to the above findings of the determination, the Defendants are jointly and severally liable to the Plaintiff, the assignee of the claims under the provisions of Articles 1 and 2, and the Defendants are jointly and severally liable to the Plaintiff. (1) However, the Defendant D, as sought by the Plaintiff, within the limit of KRW 96,00,00,000, which is the limit of the total amount of the collateral guarantee.