Text
1. Defendant A shall pay to the Plaintiff KRW 73,592,227 as well as 20% per annum from April 17, 2015 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant A
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. Facts of recognition 1) EsB Savings Bank Co., Ltd. (former Switzerland Mutual Savings Bank Co., Ltd.; hereinafter “SB Savings Bank”).
(1) The Defendant A shall lend the amount of KRW 16.8% per annum, 20% per annum, 16.8% per annum, 20% per annum, and 29 November 29, 1998 (hereinafter “loan”) to Defendant A on November 29, 1996.
) On June 30, 1997, KRW 16.8% per annum, overdue interest rate of KRW 70,000,000 per annum, KRW 20% per annum, and due date of payment on June 30, 1998 (hereinafter “the instant loan”).
(2) On October 28, 2003, Defendant B jointly and severally guaranteed Defendant A’s respective loan obligations to the non-party bank. (2) On September 8, 2004, the non-party bank filed a lawsuit against the Defendants for the payment of each of the above loans with the Seoul Central District Court Decision 2003Gada38293, and on September 8, 2004, the above court rendered a judgment that “the Defendants jointly and severally paid to the Plaintiff 1,35,760,55 won and 107,447,953 won with the interest of 20% per annum from June 30, 2003 to the date of full payment.” The above judgment was finalized on November 9, 204.
3) On December 19, 2014, Nonparty Bank transferred the instant loan claims to the Plaintiff, and notified Defendant A of the said assignment of claims around March 25, 2014. 4) The instant loan is KRW 73,592,227 as of November 26, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
B. According to the above facts of recognition as to the cause of claim, Defendant B is obligated to pay KRW 73,592,227 to the Plaintiff, the transferee of the instant loan claim, unless there are other circumstances.
C. The fact that the final and conclusive judgment on the instant loan claims became final and conclusive on November 9, 2004, based on the determination on the Defendant B’s claim for the extinction of prescription is seen above.