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1.For the plaintiff:
A. As to the Defendant B’s KRW 588,116,094 and KRW 79,500,000 among them, Defendant B’s Co., Ltd. from March 20, 2019 to May 20, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff approved that the basic terms and conditions of bank credit transactions apply between Defendant B Co., Ltd. (hereinafter “Defendant Company”), as shown in the attached list, and concluded each credit transaction agreement.
(Each Agreement, Section 1 and Section 2). According to each credit transaction agreement, when the Defendant Company fails to pay the obligation on the date of expiry of the credit term or loses the benefit of time pursuant to Article 7 of the General Terms and Conditions for Credit Transactions, the Defendant Company shall pay the remainder of the loan from that time to the Plaintiff an agreed delay interest rate or damages for delay in accordance with the interest rate determined by the Plaintiff. In the case of each agreement, the rate of damages for delay applied at present to each agreement is 1.83% per annum in the case of the first agreement and 12.52
At each time, Defendant C guaranteed the Defendant Company’s obligation to the Plaintiff due to a credit transaction agreement.
(Total Amount of No. 455,400,000) b.
In spite of the plaintiff's demand for the repayment of each principal and interest of loans, the defendant company has not made such demand.
The principal and interest of bonds under each of the above agreements as of March 19, 2019 determined by the Plaintiff is as stated in the Disposition.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 (if there are various numbers, including the number; hereinafter the same shall apply) and the purport of the whole pleadings
2. In accordance with the determination as to the cause of claim, the Defendant Company as a principal debtor, and the Defendant Company as a principal debtor, for the total of KRW 588,116,094 (i.e., the total of KRW 360,427,477 in total of the principal of loans under each of the above agreements plus KRW 227,688,617 in total) and KRW 79,50,000 in total of the principal of the first agreement from March 20, 2019 to May 21, 2019, the final service date of the payment order was 11.83% per annum under the agreement between March 20, 2019 and May 21, 2019, with respect to KRW 280,927,47 in total, from March 20, 2019 to May 21, 2019 to May 31, 2019.