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1. Defendant C shall pay to the Plaintiff KRW 97,130,303 as well as KRW 50,000 among them, from June 16, 2007 to the day of full payment.
Reasons
1. In full view of the purport of the entire pleadings as to the plaintiff's claim Gap 1 and 7, the facts constituting the ground for the appeal can be acknowledged.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 97,130,303 won of the principal and interest of loan and 50,000,000 won of the loan principal, which are 18% per annum from June 16, 2007 to the date of full payment, and Defendant D is liable to pay within the limit of 1,350,000 won, which is the guarantee limit.
However, as seen thereafter, Defendant D’s defense of extinctive prescription, a joint and several surety, is accepted. Therefore, only the Plaintiff’s claim against Defendant C is justified.
2. Judgment on the defendants' assertion
A. Summary of the argument 1) The Gwangju District Court Decision 2007Gahap6774 decided against the Defendants by the Korea Asset Management Corporation (hereinafter “instant prior suit judgment”).
(2) The Defendants were served on November 15, 2007 and December 21, 2007. The instant lawsuit was filed after the lapse of 10 years from the time the judgment of the instant lawsuit was served on the Defendants. (2) The Defendants did not receive the notification of the assignment of claims.
In addition, the notification of the assignment of claims by the Defendant, a transferee who is not the transferor, is unlawful.
B. According to Gap 7's statement, the judgment of the previous suit of this case was rendered to defendant D on November 15, 2007; service by public notice was made to defendant C on December 21, 2007; Defendant D, a joint guarantor, was made on November 30, 2007; and Defendant C, a principal debtor, on January 4, 2008.
According to the final and conclusive judgment on the prior suit against Defendant C, the principal obligor, the period of extinctive prescription was extended to ten years for the claim against the Defendant of Korea Asset Management Corporation.
The instant lawsuit against Defendant C has not been ten years since January 4, 2008, which was the final and conclusive date of the judgment prior to the instant lawsuit against Defendant C.