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1. On the part of the intervenor succeeding to the plaintiff (Counterclaim defendant)
A. As to KRW 617,363,093 and KRW 599,00,00 among them, the Defendant shall make February 2018.
Reasons
1. Basic facts
A. The Plaintiff, as joint and several sureties, extended a loan to Defendant C as indicated in the list of loans in the attached Table to Defendant B (hereinafter referred to as Defendant C). The Plaintiff did not repay the debt to the said loan upon the expiration date of the loan period, or when real estate offered by the obligor as security is provisionally seized, seized, or commenced compulsory auction, he shall lose the benefit of the period, and shall pay damages for delay at the highest rate of 17% per annum from that time, and thereafter, the Plaintiff shall comply with the terms and conditions of the Plaintiff, and the above loan shall be subject to the application
B. The Defendant Company, as the principal obligor, lost the benefit of time due to the delayed payment of interest on the above loans, etc.
C. The overdue interest rate on the Plaintiff’s loan is 17% per annum from January 2, 2012 to February 10, 2015, 15% per annum from February 11, 2015 to April 30, 2003, 24.5% per annum from June 25, 2001 to April 30, 2003, 28% per annum from May 1, 2003 to March 2, 2016, 27.9% per annum from March 3, 2016 to February 7, 2018, and 24% per annum from February 8, 2018.
On December 27, 2018, the Plaintiff transferred his/her claim for the above loans, etc. to the Plaintiff’s successor, and notified the Defendants of the assignment of claims on January 3, 2019, and succeeded to the instant lawsuit on February 18, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, 11, 12 (including paper numbers), the purport of the whole pleadings
2. According to the facts of the judgment as to the principal lawsuit, the Defendant Company is obligated to pay to the Intervenor succeeding to the Plaintiff, who acquired the instant loan claim from the Plaintiff, a delay damages calculated at the rate of 27.9% per annum from February 2, 2018 to the date of full payment with respect to KRW 617,363,093 as of February 1, 2018, and KRW 599,00,000 as of February 2, 2018, as of KRW 15% per annum from February 2, 2018 to the date of full payment. Defendant C is obligated to pay a delay damages calculated at the rate of 27.9% per annum from February 2, 2018 to the date of full payment.