양수금
1. The defendant shall pay to the plaintiff the amount of KRW 68,559,074 and the amount of KRW 49,560,69 from May 22, 2020 to the day of full payment.
1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1, 3, 5, and 7 through 9, the following facts: ① A corporation (hereinafter referred to as "C") extended KRW 175,50,00 from D Co., Ltd. (hereinafter referred to as "D") around July 1, 2015 to KRW 60 months of the loan period, interest rate of KRW 6.3% per annum, interest rate of KRW 24% per annum; ② the defendant, the representative of C, as the joint and several surety of C's above loan obligations on the same day; ③ transferred the above loan claims to E Co., Ltd on September 4, 2018; ④ transferred the loan claims to the Plaintiff on January 15, 2019; ⑤ notified the transfer of the loan claims to C around such time; ⑤ The principal and interest of C's loan shall be recognized as the basis for the principal and interest payment of KRW 36,985,985.7
Where a claim against the principal obligor is transferred due to the subsidiary nature or accompanying nature of the principal obligation, the surety obligation shall also be transferred along with the surety's claim, unless otherwise stipulated by the parties.
If the conditions for setting up against the transfer of the assignment of claims are satisfied, it is sufficient to satisfy the requirements for setting up against the secured claim separately.
(2) In light of the above facts, the defendant shall pay damages for delay at the rate of 24% per annum from May 22, 20202 to the day of full payment, which is the day following the above basic date, to the plaintiff as to KRW 68,559,074 and the principal amount of KRW 49,560,69, which is the transfer money, to the plaintiff, unless there are special circumstances. The defendant shall pay damages for delay at the rate of 175,500,000 per annum, which is the day after the above basic date, from May 22, 2020 to the day of full payment.
2. The defendant's assertion that the defendant did not have concluded a joint and several guarantee agreement for the plaintiff.
However, according to the statements in Gap evidence Nos. 1 and 3, the defendant mentioned above.