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1. As to KRW 77,040,647 and KRW 46,608,778 among the Plaintiff, Defendant A Co., Ltd., from August 13, 2015 to October 2, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into each credit transaction agreement (hereinafter “each of the instant credit transaction agreements”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), as indicated in the separate sheet, and loaned loans as indicated therein. Defendant B guaranteed each of the above loans owed by Defendant Co., Ltd to the Plaintiff within the scope of the guarantee limit indicated therein.
B. At the time of each credit transaction agreement of this case, the Defendant Company agreed to pay the remaining balance of the loan principal in addition to delay damages if the Plaintiff did not pay the obligation upon the expiration date of the credit period or lost the benefit under the basic terms and conditions of bank credit transaction.
C. The principal and interest of a loan to be paid by the Defendant Company to the Plaintiff as of August 12, 2015 is KRW 46,608,778 as indicated in the separate sheet, and damages for delay are KRW 30,431,869.
The interest rate in arrears from January 1, 2013 of the Plaintiff is 11% per annum.
[Recognition] Facts without dispute, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim against the Defendant Company, the Defendant Company sought payment of 77,040,647 won (the principal of the loan 46,608,778 won late 30,431,869 won) in total and the principal of the loan 46,608,778 won from August 13, 2015 to October 2, 2015, which is the day following the base date for calculating damages for delay, from August 13, 2015 to October 2, 2015, the agreed interest rate of 11%, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (the Plaintiff sought damages for delay calculated at a rate of 20% per annum, but the part seeking damages for delay calculated by Presidential Decree No. 26535, Sep. 25, 2015).