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1. The Plaintiff:
A. As to Defendant A’s KRW 75,535,98 and KRW 26,33,408 among them:
B. Defendant C is the defendant A.
Reasons
1. Facts of recognition;
A. On May 31, 2003, Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) extended a loan with KRW 10,000,000 to Defendant A on May 31, 2008 (hereinafter “instant first loan”). At the time, Defendant C and H guaranteed Defendant A’s obligation to repay the first loan to Defendant Hyundai Capital.
On the other hand, Defendant H died on April 10, 2004, and his heir had Defendant B (3/13), Defendant A, D, E, F, and G (2/13, respectively) as his wife.
(2) On November 30, 2012, the Plaintiff finally acquired the claim for the instant loan No. 1 from Hyundai Capital and notified the Defendants of the transfer. As of January 21, 2014, the principal and interest of the instant loan No. 1 was totaled KRW 21,725,064 (i.e., the principal and interest amount of the instant loan (i.e., KRW 7,333,408 KRW 14,391,656). Meanwhile, the overdue interest rate applicable after January 22, 2014 is 17% per annum.
B. On June 14, 2003, on the loan (1) with respect to the Korea Fisheries Cooperatives, the Korea Fisheries Cooperatives Association established a loan of KRW 19,000,000 to Defendant A with maturity on May 31, 2004 (hereinafter “the second loan”).
(2) Around June 28, 2013, the Plaintiff acquired the instant loans from the Dondo Fisheries Cooperatives and notified Defendant A of the fact of the acquisition of the instant loans. As of January 21, 2014, the principal and interest of the instant loans as of January 21, 2014 (i.e., the principal amount of KRW 53,810,934 (i.e., the principal amount of KRW 19,000,000) and the overdue interest rate applicable after January 22, 2014 is 17% per annum.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8-3, the purport of whole pleadings
2. Judgment on the confession as to the claim against Defendant C (Article 208(3)2 of the Civil Procedure Act)
3. Determination as to claims against Defendant A, B, D, E, F, and G
A. According to the above findings of the determination as to the cause of the claim, Defendant A as the primary debtor of the first and second loans in this case, and as the Plaintiff as of January 21, 2014, totaling the principal and interest of the first and second loans in this case as of January 21, 2014, 75,535.