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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 272,505,589 and KRW 180,100,000 among them.
Reasons
1. Facts of recognition;
A. On August 28, 2009, the Undong Community Fund made a general loan of KRW 200 million (hereinafter “instant loan”). On August 28, 2009, the interest rate is the interest rate of KRW 3% per annum plus 3% per annum, damages for delay is the highest rate of 20% per annum, and the expiration date of the loan period is August 28, 2010, respectively, and the Defendants provided a comprehensive collateral guarantee for the instant loan obligations of KRW 200 million (hereinafter “instant loan”).
B. Around January 2014, the Undong Saemaul Savings Depository transferred the principal and interest of this case to the Federation of Korea Saemaul Savings Depository, and notified C of the fact of transferring the said credit. On January 9, 2014, at the time of the said transfer, the principal and interest of this case were KRW 219,709,159, and the outstanding principal and interest of this case were KRW 180,100,000.
C. On August 7, 2015, the Federation of community credit cooperatives transferred the instant principal and interest of loan to the Plaintiff, and notified C of the transfer of the instant loan on September 14, 2015. As of August 7, 2015, the instant principal and interest of loan was KRW 272,505,589 as of August 7, 2015, and the outstanding principal and interest of KRW 180,100,000 among them are 180,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 26, 2016 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendants, as the due date for the payment of KRW 272,50,100,000 among the principal and interest of the instant loan and its principal.
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.