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1. The Defendants jointly and severally pay to the Plaintiff KRW 180,669,729 and KRW 51,298,394 among them.
Reasons
1. Facts of recognition;
A. On December 14, 2006, New Korean Mutual Savings Bank (hereinafter “New Korean Mutual Savings Bank”) established and lent KRW 474 million to Defendant A at interest rate of KRW 9.2% per annum, 12 months during the lending period, and 22% per annum, and Defendant B jointly and severally guaranteed the above loan obligations.
(However, on December 14, 2007, the due date was changed to December 19, 2008.
On June 21, 2013, the Plaintiff received the foregoing loan claim from the bank (hereinafter “instant claim”) and notified Defendant A of the assignment of the claim on June 23, 2014 upon delegation from the bank.
C. Defendant A lost the benefit of time due to the delinquency in payment of principal and interest, and the balance of the instant claim based on May 30, 2014 is KRW 180,69,729, including the principal and interest KRW 51,298,394 and interest KRW 129,371,335.
[Reasons for Recognition] Gap 1 to 4
2. Determination
A. According to the above facts as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest of KRW 180,669,729 and the principal of KRW 51,298,394, 17% per annum from May 31, 2014 to the day of full payment, as requested by the Plaintiff.
B. As to the defendants' defense, the above principal and interest of the apartment was fully repaid at the auction procedure of the apartment complex provided by Defendant A as security, and even if some of the obligations were not repaid, the extinctive prescription has expired.
(2) According to Gap evidence 5-2 as to whether the total amount of principal and interest has been repaid, the non-party bank received dividends of KRW 422,187,635, which is part of KRW 590,734,454, at the auction procedure for the apartment owned by the defendant B on August 26, 2009. Thus, this part of the defendants' assertion is without merit.
(B) As seen earlier, the fact that the maturity date of the instant claim was December 19, 2008 upon expiration of the extinctive prescription period is the same, and five years have passed since the instant lawsuit was filed.