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1. Defendant A paid to the Plaintiff KRW 513,387,226 and KRW 228,429,046 among them, from March 13, 2017 to the date of full payment.
Reasons
Facts of recognition
Defendant A entered into a loan agreement on seven occasions from September 28, 2005 to April 3, 2009 with the Industrial Bank of Korea (hereinafter “the Bank”) as indicated in the attached Table Table No. 350,000,000 won, among which Defendant B jointly and severally guaranteed the Defendant A’s obligation under the loan agreement set forth in paragraph (2).
(2) On October 29, 2015, the Bank of SB Savings Co., Ltd., which acquired each of the loan claims against Defendant A (hereinafter collectively referred to as “instant loan claims”) from the Industrial Bank of Korea, transferred the instant loan claims to the Plaintiff on October 29, 2015, and notified the Defendants of the fact of transferring the claims on February 11, 2016.
As of March 12, 2017, all of the loan claims of this case have expired due date, and the principal and interest thereof are as stated in the balance of loans of the attached Table, interest to be accrued, and aggregate column.
The overdue interest rate on the loan claim of this case is 15% per annum.
[Based on recognition] Defendant A: Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the agreement, with respect to the Plaintiff’s principal and interest of KRW 513,387,226 as of March 12, 2017 and principal and interest of KRW 228,429,046 as of March 13, 2017, as of March 13, 2017, based on the fact that there is no dispute over the Plaintiff’s service by public notice, the entry of Party B’s evidence No. 3 (including the provisional number), and the purport of the entire argument as to the claim against Defendant A.
According to the facts of recognition as to the claim against Defendant B, barring any special circumstance, Defendant B is jointly and severally liable with Defendant A to pay to the Plaintiff KRW 19,297,547, which is an attempted interest on the claim as stated in attached Table 2 (hereinafter “instant claim 2”).
As to this, Defendant B shall also have prescription of the instant joint and several liability claim after five years have elapsed since the commercial statute of limitations on the instant claim No. 2.