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1. The Defendants are jointly and severally liable to the Intervenor succeeding to the Plaintiff for KRW 285,860,217 and KRW 129,002,68 among them.
Reasons
1. Basic facts
A. On September 7, 2009, the Savings Bank Co., Ltd. (hereinafter “Nonindicted Bank”) set the interest rate of KRW 370,000,000 per annum 10.4% per annum and delayed damages (hereinafter “instant loan”). Defendant A and B set the guarantee limit of KRW 481,00,000 to the non-party bank, and jointly and severally guaranteed the Defendant’s obligation to the non-party bank.
B. The Defendants, at the time of the above loan agreement, lose the benefit of time if the interest was not paid within the given period or the interest was in arrears, and the Defendants, if they lose the benefit of time, paid the loan and the interest in delay from the date of loss of time to the date of full payment.
However, the Defendants did not pay interest after September 28, 201 and lost the benefit of time.
C. On September 29, 2011, the non-party bank transferred the instant loan claims to the Plaintiff. On the same day, the non-party bank notified the Defendants of the assignment, and each of the above assignment notification reached the Defendants.
The Plaintiff is a person who received reimbursement of KRW 240,97,312 from Defendant B after the acquisition of the above bonds, and as of June 22, 2014, the principal and interest of the loan claim amounting to KRW 285,860,217 (i.e., principal and interest amounting to KRW 129,002,688).
E. On October 24, 2014, the Plaintiff transferred the instant loan claim to OBS Savings Bank, and around December 4, 2014, the Plaintiff notified Defendant CB of the transfer of each of the above assignment to Defendant A and B on December 9, 2014, and each of the above assignment notification reached the Defendants around that time.
F. On December 17, 2014, OBS Savings Bank succeeded to the instant lawsuit.
[Based on the recognition] Defendant C's Sheet, A: the fact that there is no dispute over Article 150 (3) and (1) of the Civil Procedure Act (i.e., self-convenation) Defendant B, and evidence Nos. 1 through 10.