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1. Defendant A’s interest rate of KRW 119,195,622 and KRW 54,778,857 among the Plaintiff shall be from November 27, 2013 to the date of full payment.
Reasons
1. Determination as to Defendant A’s claim
(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to claims against Defendant B and C
A. On February 4, 1995, the Plaintiff’s assertion (1) the Seongbuk Central Saemaul Bank of the Republic of Korea (hereinafter “Songyang Central Saemaul Bank”) loaned KRW 7,00,000 to the Defendant A under the joint and several guarantee of Defendant B and C.
(2) Defendant A lost the benefit of time due to the failure to repay the above money at once. On November 27, 2013, the claim for the loan at present is equivalent to KRW 6,316,814, interest and delay damages KRW 18,519,513, total amount of KRW 24,836,327.
(3) A community credit cooperative transferred the above loan claims to the Plaintiff, and notified the Defendant A thereof.
B. According to the statement of evidence No. 3-2, Defendant C and B: (a) on February 4, 1995, when Defendant A obtained a loan from the community credit cooperative, Defendant C and B signed and sealed as a joint guarantor; and (b) there is no counter-proof to the monetary loan contract prepared by Defendant A on February 4, 1995; (c) the above contract only includes the loan amount of KRW 7,00,000,00; and (d) the loan interest rate, interest rate, interest rate, interest rate for delay, and due date for payment are all blanks; and (e) the above public section is not supplemented, it is difficult to view that the joint and several guarantee agreement between the community credit cooperative and the above Defendants on the loan obligations of Defendant A was concluded individually; and (e) there is no other evidence to acknowledge this otherwise, the Plaintiff’
3. If so, the plaintiff's claim against the defendant A is justified, and the plaintiff's claim against the defendant B and C is dismissed as it is without merit. It is so decided as per Disposition.