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1. The Defendants jointly and severally pay to the Plaintiff KRW 156,795,490 and KRW 59,632,350 among them.
Reasons
1. Determination on the cause of the claim
A. The following facts may be acknowledged either in dispute between the parties or in combination with the purport of the entire pleadings in each entry of evidence A1-13:
① On September 12, 2002, Defendant A borrowed KRW 240,00,00 from the Non-Party New Saemaeul Fund (the fluctuation rate of KRW 9% per annum, and the delay rate of KRW 18% per annum), and agreed to pay interest at the rate set by the New Saemaeul Fund and all incidental obligations, such as principal, interest, legal procedure expenses, etc., as prescribed by the above community credit cooperatives, until the performance of obligations is completed within the limit permitted by statutes, and when the benefit of time has been lost, Defendant A agreed to pay compensation for delay on the balance of the loan.
Defendant B jointly and severally guaranteed Defendant A’s above loan obligations.
② Defendant A did not repay the above loan, and the above community credit cooperative received dividends of KRW 182,143,844 on March 5, 2004 from the Changwon District Court C by means of a voluntary auction for the real estate that created the right to collateral security as collateral obligation, and appropriated the above loan principal amount to KRW 180,000,000,000 and interest amount to KRW 2,143,844.
③ In addition, Defendant A repaid KRW 121,680 on March 31, 2005, and KRW 245,970 on April 1, 2005, and the above community credit cooperatives appropriated this as principal.
④ On April 18, 2014, the Plaintiff acquired a loan claim against Defendant A by the above community credit cooperatives. Around that time, the scope of the claim that the Plaintiff acquired is the principal amounting to KRW 59,632,350, interest KRW 97,163,140, and KRW 970,750, the provisional payment amounting to KRW 157,76,240.
B. According to the above facts of determination, the Defendants jointly and severally agreed to the Plaintiff, the assignee of the loan claim, with a total of KRW 157,766,240 (i.e., principal amount of KRW 59,632,350, KRW 97,163,140, KRW 970, KRW 970,750, KRW 1566,795,490, and KRW 59,632,350, which is the principal amount of interest, and KRW 59,632,350, September 1, 2015, which is the day following the date on which the instant complaint was served.