beta
Text
1. The Defendants jointly pay to the Plaintiff KRW 500,000,000 and the interest thereon from April 15, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On June 4, 2009, Nonparty National Agricultural Cooperative Federation (hereinafter “CF”) loaned KRW 1.5 billion to Defendant A under the joint and several surety of Defendant B Co., Ltd. (hereinafter “Defendant B”), but the maturity was fixed at 15% per annum on June 4, 2010.
B. On August 19, 2010, the Nonghyup Federation transferred assets, such as the principal and interest of loan of this case, to a non-party Joint Asset Management Company. On September 16, 2010, the Plaintiff transferred the status of the transferee through a three-party contract acceptance agreement with the Nonghyup Federation and the Joint Asset Management Company, and acquired the principal and interest of loan of this case. On September 17, 2010, the Nonghyup Federation notified the Defendant A of the above assignment of credit.
C. As of April 14, 2017, the annual due amount of the principal and interest of this case as of April 14, 2017 is KRW 1,533,249,052 (i.e., principal amount of KRW 883,612,385, interest KRW 649,636,667).
[Reasons for Recognition] Defendant A: A without dispute, entry of evidence A1 through 5-1, and the purport of the whole pleadings: Defendant B by service (Article 208(3)3 of the Civil Procedure Act)
2. According to the above facts of assertion and determination, Defendant A and Defendant B, the principal debtor of the principal and interest of the loan of this case, as the joint surety thereof, jointly sought by the Plaintiff as part of the claim, are liable to pay to the Plaintiff the amount of KRW 500 million with the principal of the loan of this case and damages for delay calculated at the rate of 15% per annum from April 15, 2017 to the date of full payment.
As to this, Defendant A was exempted from the responsibility related to the instant loan because the actual borrower of the instant loan was merely a guarantor to obtain a loan from the said reconstruction association as a non-party C reconstruction association, which was signed only on the documents of the instant loan, and it was the cycle of exempting himself from the responsibility related to the instant loan, which was merely a reconstruction association member in the NACF.