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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 122 million and the interest rate from March 4, 2016 to the date of complete payment.
Reasons
1. The Plaintiff loaned KRW 1222 million to Defendant B on February 29, 2012 and agreed to pay the due date on June 30, 2012 at the rate of 20% per month after the due date. At the time, Defendant C’s joint and several surety obligation owed by Defendant B to the Plaintiff is not in dispute between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as set forth in the evidence Nos. 1 and 2.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages at the rate of 24% per annum from March 4, 2016 to the date of full payment, as agreed upon by the Plaintiff, as the repayment period for the loan of KRW 122,00,000,000, and as a result, after the repayment period, to the Plaintiff.
2. Judgment on the defendants' assertion
A. On August 2, 2010, Defendant B, a summary of the argument regarding the claim for reimbursement by the assignment of claims, sold the amount of 1.9 billion square meters in the Republic of Korea, U.S., Ulsan-gu D 1,246.6 square meters, for E, F, G, H, and I (hereinafter “E, etc.”) to E, F, G, H, and I in the process.
(2) The Defendant B acquired a claim amounting to KRW 120 million to the Plaintiff. After that, Defendant B transferred the said claim to the Plaintiff and repaid all the instant loan obligations. (2) It is not reasonable to presume that the obligor, barring special circumstances, transfers another claim to the obligee in connection with the repayment of the obligation to the obligee by means of a security or repayment for the repayment of the obligation, barring special circumstances, would be presumed to have been transferred by means of the repayment of the obligation.
Therefore, it cannot be deemed that the original claim is extinguished when the claim is transferred, and only when the creditor is actually reimbursed the claim that he/she acquired, the debtor is exempted from liability.
As to the instant case, Defendant B and the Plaintiff agreed to transfer to the Plaintiff claims against E, etc. regarding the repayment of the instant borrowed amount, and accordingly, E, etc. is KRW 120 million to the Plaintiff on July 19, 201.