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1. Defendant A Co., Ltd, B, C, and D jointly and severally with the Plaintiff KRW 4,310,074,051 and KRW 1,596,429,696 among them.
Reasons
1. Facts of recognition;
A. On July 22, 2008, the Plaintiff leased KRW 3,000,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant A”) for six months from the date of credit, interest rate of KRW 12% per annum, and damages for delay rate of KRW 24% per annum. At the time, Nonparty E, Defendant B, and D, the representative director of Defendant A, at the time, jointly and severally guaranteed each of the above loans owed by Defendant A with the amount of guarantee limit of KRW 3,900,00,000.
(hereinafter “instant 1 loan”). B.
On December 31, 2009, the Plaintiff loaned KRW 505,000,00 to Defendant A on January 31, 2010 at the maturity of payment, and the interest rate of KRW 12% per annum. Defendant B and C agreed on the guarantee amount of each part of the service, as KRW 656,50,000, with each part of the service guarantee amount of KRW 656,50,000, respectively.
(hereinafter “instant two loans”). C.
Defendant A, on March 2009, failed to repay the loan by the due date of the instant loan agreement, extended the term of loan upon consultation with the Plaintiff (hereinafter “the first extension”), and Defendant D consented to the first extension. D. Since then, Defendant A was unable to repay the loan even after the due date of repayment extended, and Defendant A again extended the term of loan (hereinafter “the second extension”), and Defendant D consented to the second extension.
E. The obligations of each of the instant loans remaining as of September 8, 2015 are as listed below:
On July 22, 2008, 1,596,429,696 won 1,382,464,378 won 1,331,379,97 won 4,310,074,051 won 24,053,936 won 24,053,936 won 24,053,936 won 24,053,936 won 4,54,127,987 won / [based on recognition] Defendant A, B, and C: Article 150(1) and (3) of the Civil Procedure Act: Evidence No. 150(1) through 3-6, 6-1 through 3, 6-1, 8-1, 2-2, and 2-1 of evidence No. 1-3, and the purport of the entire pleadings as a whole.
2. According to the above facts of recognition as to the claims against Defendant A, B, and C, Defendant A, B, and C shall jointly and severally be the Plaintiff, and the principal and interest of the instant loan 4,310.