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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The parties' assertion
A. On January 22, 2001, the Plaintiff asserted that the Plaintiff loaned KRW 100,000,000 to Defendant C, respectively, at the agreed interest rate of 11.5% per annum, at the rate of delay interest, at the rate of 18% per annum, and on December 30, 208.
(hereinafter “instant loan”). Defendant D jointly and severally guaranteed the instant loan obligation.
The Defendants shall jointly and severally pay to the Plaintiff the unpaid principal and interest of KRW 161,184,972 as well as damages for delay of KRW 100,000 as principal and interest of the instant loan.
B. The Defendants asserted that all of the instant loans were repaid.
2. Determination
A. The Defendants’ debt details 1) Nos. 1, 3, and 11, and 15, and 17, either did not conflict between the Parties, or did not conflict between the Parties, as well as the evidence Nos. 1, 3, and 17
According to the purport of each of the entries and arguments, the Defendants’ obligations against the Plaintiff [the Defendant’s obligations that are the principal obligor or guarantor, and the obligations of M&A operated by Defendant D (hereinafter “MA”) are the principal obligor] are acknowledged as follows (hereinafter referred to as “individual obligations”).
The loan debt of this case is the debt No. 5.
In the following table, ① “Surety” states only the Defendants’ corresponding requirements, ② “the repayment period” is reasonable to deem that the Plaintiff extended the payment period after the Plaintiff’s electronic data processing process rather than the payment period stipulated in the loan agreement. As such, the payment period was based on the computerized data processing process; ③ “interest rate” and “damage for delay” should be determined more on the basis of the Plaintiff’s computerized data processing system than the loan agreement. As such, it is reasonable to deem that the Plaintiff lowers the payment period after the loan agreement.
(2) The loan amount from the No. 1999-10-26 14,700,00 D 2014-10-26 5.00% 14.00% of the interest rate for delay on the date of repayment of the principal debtor.