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1. The defendant shall be jointly and severally and severally with C to KRW 73,760,833 within the scope of KRW 960,000 and KRW 65,506,694 among them.
Reasons
Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 9, C was loaned KRW 800 million from the Industrial Bank of Korea on August 17, 2010, and the Defendant jointly and severally guaranteed the obligation of the Defendant’s loan amounting to KRW 960,00,000 (hereinafter “instant loan obligation”); the Plaintiff transferred the instant loan obligation to C from the Industrial Bank of Korea on December 29, 2015, and notified C of the transfer of the claim to C; and the Plaintiff, on June 27, 2018, received KRW 1.3 billion in the case of the public auction of D Real Estate in common branch branch of the Changwon District Court, Changwon District Court on June 27, 2018, and appropriated the amount of KRW 65,506,694 of the instant loan obligation to pay the principal of the instant loan and other credit.
Therefore, the Defendant, a joint and several surety, jointly and severally with C Co., Ltd., the primary debtor, within the scope of KRW 960,00,00,000. The Defendant, a joint and several surety, is obligated to pay to the Plaintiff the total amount of KRW 73,760,83 won (= KRW 65,506,694, KRW 3,081,803), calculated at the rate of 11% per annum, as the Plaintiff seeks, from December 7, 2018 to August 26, 2019, as well as damages for delay calculated at the rate of KRW 65,506,694 from August 27, 2019 to February 26, 2020, which is the delivery date of the authentic copy of the instant payment order, 11% per annum, and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.