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1. Revocation of the first instance judgment.
2. The Defendants shall jointly and severally serve as KRW 92,565,370 and KRW 12,349,684 among the Defendants.
Reasons
1. Determination on the cause of the claim
A. The Daegu Bank Co., Ltd. (1) On April 29, 2000, the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") is the defendant Co., Ltd.
2) Around 260,000 won was extended on April 29, 2001, interest rate of 11.25% per annum, and interest rate of 18% per annum (hereinafter “instant loan”).
(2) On the same day, Defendant B guaranteed the Defendant Company’s debt to Daegu Bank within the limit of KRW 338,00,000. (2) On March 29, 2001, Daegu Bank transferred the instant loan claim to the Korea Asset Management Corporation, and on April 7, 2001, notified the Defendant Company of the assignment of the claim and reached the Defendant Company at that time.
3) On August 28, 2012, the Korea Asset Management Corporation transferred the instant loan claims again to the Plaintiff, and on May 18, 2018, notified the Defendant Company of the assignment of claims, and reached the Defendant Company around that time, and reached the Defendant Company. On the other hand, as of January 6, 2016, the instant loan claims amounting to KRW 12,349,684, overdue interest, KRW 80,215,686 in total, KRW 92,565,370 in total.
【Ground for recognition】 The fact that there has been no dispute, Gap's 1, 4, 5, and Gap's 6-1, the purport of the whole pleadings
B. However, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum from January 7, 2016 to July 11, 2017, which is the delivery date of a copy of the instant complaint, and 15% per annum from the next day to the day of complete payment, as the Plaintiff seeks, within the scope of the agreed interest rate on KRW 92,565,370 as well as KRW 12,349,684.
2. If so, the plaintiff's claim against the defendants is justified, and all of them are accepted. The judgment of the court of first instance is unfair and its conclusion is revoked, and it is so decided as per Disposition by ordering the defendants to pay the above money.