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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 136,811,810 and the interest rate thereon from March 3, 2013 to the date of full payment.
Reasons
1. Following the facts of recognition may be recognized by comprehensively considering the overall purport of the pleadings in each entry of Gap evidence Nos. 1 to 8 and Eul evidence No. 1.
On May 23, 2011, the Plaintiff loaned KRW 168,900,00 to Defendant A.
At the time, Defendant A agreed to pay 3,894,430 won each month from June 2, 201 to June 66 months with interest added to 13.8% per annum.
B. Defendant B guaranteed Defendant A’s debt against the Plaintiff on the same day.
C. From March 2, 2013, Defendant A lost the benefit of time by failing to perform the above obligation properly.
The principal balance of the above loan as of March 2, 2013 is KRW 136,811,810, and the overdue interest rate is KRW 24% per annum.
2. Determination
A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of KRW 136,811,810 of the loan principal and the damages for delay calculated at the overdue interest rate of 24% per annum from March 3, 2013 to the date of full payment, which is the day following the day on which the payment is made.
B. As to this, the Defendants asserted to the effect that the above loan agreement cannot comply with the Plaintiff’s claim of this case because it was forced or deceiving by Defendant A’s former spouse and the employees of the Plaintiff’s side. However, the evidence submitted by the Defendants alone is insufficient to acknowledge that the above loan agreement was forced or deceiving by the Plaintiff’s employees, and that such circumstance was known or could have been known to the Plaintiff, and there is no other evidence to acknowledge otherwise, the Defendants’ above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.