양수금
1. The Plaintiff:
A. As to KRW 600,341,015 and KRW 246,578,530 among them, Defendant A shall be from August 30, 2004 to January 8, 2005.
1. Facts of recognition;
A. On January 8, 2004, the highest mutual savings bank 1) loaned KRW 500 million to Defendant A at maturity on January 8, 2005, at interest rate of 15% per annum, and at interest rate of 21% per annum (hereinafter “loan 1”).
(2) On January 8, 2004, G and H set the repayment period of KRW 50 million on July 8, 2004, interest rate of KRW 15% per annum, and delay damages rate of KRW 21% per annum to Defendant A.
(hereinafter “Secondary Loan”) A. G, H, and F were jointly and severally guaranteed by Defendant A’s secondary loan obligations to the best mutual savings bank at the time, up to 65 million won each.
B. On November 18, 2009, the assignment of claims and the Plaintiff acquired loans, etc. from Defendant A from the best mutual savings bank.
On January 19, 2010, the best mutual savings bank notified Defendant A, H, and F of the assignment of claims.
C. Defendant A and joint guarantor paid interest up to August 29, 2004 to the highest mutual savings bank with respect to the loan No. 1. The Plaintiff repaid KRW 253,421,470 out of the principal on May 30, 2011. The sum of the interest or delay damages from the day following the payment of the final interest on KRW 253,421,470 of the principal partially repaid to the Plaintiff is KRW 353,762,485. 2) Defendant A and joint guarantor paid interest and delay damages up to July 23, 2009 to the highest mutual savings bank with respect to the loan No. 2, and on May 30, 2011, Defendant A and joint guarantor repaid KRW 9,89,800 of the principal amount to the Plaintiff out of the remainder of the principal.
The sum of damages for delay from the day following the payment of the final damages for delay to the day of the payment is KRW 8,567,295, as the principal partially repaid on May 30, 201, is KRW 22,027,774.
The death and inheritance of some of the joint and several sureties 1) H died on October 25, 2008, and the heir was the defendant B (the heir) who was the heir.