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1. The defendant shall pay KRW 115,960,507 to the plaintiff jointly with the corporation B and C.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 2,025,40,000 in total eight times from February 24, 2009 to June 1, 2012 under C’s joint and several sureties’s joint and several liability, each of which was jointly and severally guaranteed by the Defendant’s debt amounting to KRW 750,000,000 on February 24, 2009, KRW 200,000,000 on June 9, 201, and KRW 250,000,000 on February 10, 2011.
B. When the non-party company defaults on the repayment of the above loan obligation, the Gyeongnam Bank implemented the right to collateral security on the land, factory, etc. owned by the non-party company on April 16, 2013, which entered the decision to commence voluntary sale of the loan (Seoul District Court Changwon Branch D).
C. On June 27, 2013, Gyeongnam Bank transferred the above loan claims to the Plaintiff and notified Nonparty Company of the assignment of claims, and on September 24, 2013, the said collateral security was also transferred to the Plaintiff.
In the above auction procedure, the Plaintiff received dividends of KRW 652,539,956 on January 27, 2014 and appropriated for partial repayment, thereby making up for the balance of the loan obligations of the non-party company a total of KRW 725,135,365, and among them, the balance of the loan obligations jointly and severally guaranteed by the Defendant is as follows:
The purport of each of the statements and all of the arguments as to the loans of KRW 11,200,263 Won 11,263,263,263 on June 9, 2010 and KRW 115,960,50,567 Won 87,233,561 on February 24, 2009, including interest accrued on the balance of principal (not later than May 10, 201) and KRW 17,526,683,526,683 on February 10, 201, KRW 115,960,507, KRW 115,960,50,50 on February 10, 201.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant, as a joint and several surety of the non-party company, is jointly and severally liable to pay KRW 115,960,507 to the plaintiff, who is the assignee of the debt, totaling the interest on the loan obligation jointly and severally guaranteed by the defendant out of KRW 725,135,365, as a joint and several surety of the non-party company and
B. The defendant's assertion