대여금
1. The Defendants jointly and severally liable to the Plaintiff KRW 72,495,961 and Defendant A from February 15, 2013 to August 9, 2015.
1. Facts of recognition;
A. On January 13, 201, the Seoul Mutual Savings Bank (hereinafter “Nonindicted Savings Bank”) concluded a credit transaction agreement with Defendant A pursuant to the Framework Agreement on Credit Transactions (the expiration date of the new term of validity; 11.2% per annum; 23% per annum per annum; hereinafter “instant credit transaction agreement”); and Defendant A performed the general loan amounting to KRW 242,00,000,000, and the comprehensive passbook loan amounting to KRW 50,000,000, respectively. Defendant B guaranteed each of the above loans owed by Defendant A.
B. On November 22, 2012, Nonparty Bank received dividends of KRW 220,398,449 in the case of Goyang-gu District Court Goyang-gu C real estate rental auction, and appropriated the instant loan obligations.
C. On February 15, 2013, upon the decision of the Financial Services Commission, the contractual status of Nonparty Bank’s Defendants, based on the instant credit transaction agreement, was transferred en bloc to the Plaintiff.
At the time of February 15, 2013, the principal is KRW 72,495,961, out of the debt balance of the Defendants’ loans to the Plaintiff.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the principal amount of KRW 72,495,961 as well as damages for delay at each rate of 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings, from February 15, 2013 to August 9, 2015; Defendant B, from July 22, 2015 to July 22, 2015; Defendant B, at 18% per annum of the agreed damages for delay; and from the following day to September 30, 2015 to the date of full payment.
3. The Defendants’ assertion on the Defendants asserted that the method of calculating the interest of Nonparty bank and the details of satisfaction of their claim cannot be known. However, the Plaintiff appropriated the auction dividends to the Defendants in preference to the principal of the loan in favor of the Defendants, and the interest accrued until February 15, 2013.