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1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 56,043,356 as well as KRW 55,70,000 among them, from June 5, 2015.
Reasons
1. Facts of recognition;
A. On February 10, 2015, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with B Co., Ltd. (hereinafter “B”), setting the loan principal at KRW 5.7 million, KRW 74 months, interest rate of loan, KRW 7.5% per annum, and KRW 24% per annum, and the Defendant as the representative director of B’s loan agreement, jointly and severally guaranteed the loan obligations against the Plaintiff under the instant loan agreement.
B. B delayed repayment of the principal and interest of this case, thereby losing the benefit of time. On June 4, 2015, the obligation of KRW 55,700,000 as to the principal and interest of the loan as of June 4, 2015 remains unpaid.
C. On September 2, 2015, after the Plaintiff filed the instant lawsuit, the Plaintiff transferred claims against B and the Defendant under the loan agreement of this case to the Intervenor succeeding to the Plaintiff, and sent the notification of the assignment of claims to B and the Defendant by content-certified mail around September 4, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The plaintiff transferred the claim of this case against the defendant to the plaintiff succeeding intervenor during the lawsuit of this case. Thus, the plaintiff's claim of this case on the premise that the creditor of this case is the plaintiff is the plaintiff is without merit without further review.
(3) According to the facts found earlier, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the interest of KRW 56,043,356 and the principal amount of KRW 55,70,000,00, calculated at the rate of 24% per annum from June 5, 2015 to the date of full payment, barring any special circumstance.
As to this, the defendant is merely a person employed by the above company and not a shareholder as the formal representative director B.