양수금
1. The Defendants jointly and severally pay KRW 37,578,801 to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. Determination as to the claim against Defendant A
A. (1) On August 25, 2005, the Fair Savings Bank Co., Ltd. loaned KRW 800 million to Defendant A with the joint and several guarantee of Defendant B.
(2) On the other hand, as of August 19, 2014, the obligation of the above loan remains in KRW 37,578,801 with interest accrued therefrom. On August 19, 2014, the Fair Savings Bank transferred the remaining obligation to the Plaintiff on August 19, 2014, and notified Defendant A of the assignment of the said obligation on September 26, 2014.
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. On August 25, 2005, the Fair Savings Bank (hereinafter “Fair Savings Bank”) established the overdue interest rate of Defendant A at 19.5% per annum on August 25, 2005 with Defendant B’s joint and several surety, and extended a loan of KRW 800 million (hereinafter “instant loan”).
(2) Meanwhile, as of August 19, 2014, the foregoing loan obligation remains at KRW 37,578,801 (hereinafter “the remainder of the loan”). On August 19, 2014, the Fair Savings Bank transferred the remainder of the loan obligation to the Plaintiff, and on September 26, 2014, notified Defendant A of the fact of the said assignment of obligation.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
B. (1) According to the above facts, Defendant B is a joint and several surety for the instant loan, and Defendant B is jointly and severally liable to pay KRW 37,578,801 to the Plaintiff the remainder of the loan to the Plaintiff.
(2) First of all, Defendant B’s assertion on Defendant B’s assertion that the Plaintiff’s lawsuit of this case was filed after the lapse of the five-year statute of limitations on the above loan claim, and thus, Defendant B’s remaining loan claim expired by prescription.
On the other hand, the creditor applied for a voluntary auction as the execution of the secured debt against the surety, and the auction court made a decision to commence the auction, and the auction procedure is conducted.