beta
Text
1. The Plaintiff:
A. Defendant B shall have full payment of KRW 100,000,000 as well as full payment from December 13, 2008.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) On June 19, 2003, F loaned KRW 1 billion to Defendant B Agricultural Partnership (hereinafter “Defendant Corporation”) and Defendant C, D, and E guaranteed the amount of KRW 1.3 billion.
(2) G Co., Ltd., which received the above loan claim from F, filed a lawsuit claiming acquisition of the said loan claim against the Defendants as the court 2008Gahap121895.
(3) In the above lawsuit, this Court held that the plaintiff on May 11, 2009 "1."
(a) Defendant B’s agricultural partnership shall pay 1,489,618,917 won and 855,128,623 won among them at the rate of 20% per annum from December 13, 2008 to the date of full payment;
B. Defendant C, D, and E are jointly and severally with Defendant B’s agricultural partnership.
KRW 1,300,000,000 among the money stated in the subsection shall be paid respectively.
"The decision to recommend reconciliation" was confirmed on June 2, 2009.
After the decision to recommend reconciliation, the dividend in the auction procedure against Defendant C was appropriated for the interest, overdue interest, expenses, etc. of the above loan.
(4) On November 1, 2010, the Plaintiff again acquired the claim for the loan from G Co., Ltd., and filed the instant lawsuit against KRW 100 million out of KRW 885,128,623 in the balance of the principal of the loan.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading
B. According to the above facts of recognition, the defendant corporation is obligated to pay the above money jointly with the defendant corporation within the guarantee limit of KRW 100 million, as part of the principal amount of the above loan, and damages for delay thereof, and Defendant C, D, and E are jointly and severally liable to pay the above money within the guarantee limit of KRW
2. In conclusion, the defendant corporation shall pay each of the above amounts to KRW 100,00,000, which is part of the principal of the above loans, and damages for delay calculated at the rate of 20% per annum from December 13, 2008 to the date of full payment. The defendant C, D, and E shall jointly and severally pay the above amounts to KRW 1,30,000,000 with the defendant corporation.