양수금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,096,984 and the interest rate thereon from August 12, 2005 to the date of full payment.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 4 as to the cause of the claim, the Korea Exchange Co., Ltd. lent the money under the pretext of a bill discount loan (limit of KRW 450 million) to the defendant around October 11, 1996, and the defendant Eul jointly and severally guaranteed the above obligation of the defendant Eul. The above savings bank concluded a basic agreement on the acquisition of the above savings bank with the content of selling the above savings bank's claims to Solomonmon mutual savings bank, etc. on June 24, 2005. The plaintiff acquired the claims against the defendants from Solomon mutual savings bank on August 11, 2005 and notified the transfer of claims to the defendants around October 10, 205, the amount of claims against the defendants can not be acknowledged as total of KRW 1364,196, KRW 1964, KRW 1964, KRW 1697, KRW 1697, KRW 1964, etc.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the principal amount of KRW 40,096,984 and damages for delay from August 12, 2005.
2. Determination as to Defendant B’s assertion
A. The above defendant alleged to the effect that it cannot respond to the plaintiff's claim since it was not notified of the assignment of claim. However, in the case of the assignment of claim, if the notification of the assignment of claim, which is the requisite for setting up against the defendant A, is given to the joint guarantor, it shall also be effective, and the above argument shall not be justified.
B. The above defendant asserted that the plaintiff's claim against the defendant A was extinguished due to the completion of the prescription period and that the joint and several surety claim against the defendant Eul was extinguished accordingly, but according to the plaintiff's evidence No. 2, the plaintiff (the previous trade name: Solomon MC Co.), around 2006, shall claim for the amount of takeover against the defendants for the payment of the above claim.