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1. The Defendants jointly and severally pay to the Plaintiff KRW 50,034,491 and KRW 28,334,961 among them. The Defendants shall pay to the Plaintiff full payment from November 9, 2016.
Reasons
1. Facts of recognition;
A. On January 10, 2002, the Korea Steel Community Credit Union established a loan (hereinafter “instant loan”) with 120,000,000 won at the interest rate of 9.5% per annum, 18% per annum, interest rate for delay, and 10% on January 10, 2012 to Defendant A and C Co., Ltd. (hereinafter “D”). In this case, Defendant B jointly and severally guaranteed the instant loan obligations of Defendant A, etc.
B. Defendant A and D lost the benefit of the time due to their failure to repay the loan interest properly. The Hanwon Saemaul Bank of Korea applied for a voluntary auction of the secured real estate to the Jung-gu District Court E, and received dividends of KRW 81,684,525 from the auction procedure on June 30, 2006.
C. On March 7, 2008, the Hanwon Saemaul Bank of Korea issued a payment order (hereinafter “related payment order”) with the content that “D and the Defendants jointly and severally pay 28,334,961 won and 20% interest per annum from February 25, 2008 to the delivery date of the original copy of the payment order, and 30% interest per annum from the next day to the delivery date of the original copy of the payment order” against D and the Defendants. The above payment order was finalized around that time.
On September 1, 2005, the Nowon-gu Saemaul Savings Depository transferred the instant loan claims to the Korean Federation of Community Credit Cooperatives. On April 18, 2014, the Korean Federation transferred the instant loan claims to the Plaintiff.
In addition, around September 6, 2016, the Korean Fire Fighting Association and the Korean Community Credit Cooperatives Federation notified the Defendants of the above assignment of claims.
E. As of April 18, 2014, the principal and interest of this case as of April 18, 201 is KRW 50,034,491, including interest of KRW 21,69,530,000.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, 2, 4, and 5, and the whole pleadings.