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1. Defendant A shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 15 percent per annum from January 7, 2017 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant A
A. The Defendant A, indicating the claim, obtained each of the loans of KRW 432,102,704 (the principal is KRW 110,496,228), which was not repaid as of October 7, 2016, in the amount of KRW 432,102,704 (the principal of the loan is KRW 110,496,228), and KRW 196,8,426,935 on November 27, 1996.
However, on June 23, 2014, the Special Metropolitan City Fisheries Cooperatives transferred the instant loan claims to the Plaintiff, and around that time, notified Defendant A of the transfer of the instant loan claims. Defendant A is obligated to pay damages for delay calculated at the rate of 15% per annum from January 17, 2017 to the day of complete payment, which is a part of the instant loan claims that the Plaintiff acquired by the Plaintiff, and a copy of the instant complaint from January 17, 2017.
(b) Service by public notice based on recognition (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. The Plaintiff asserted that at the time of the instant loan, Defendant B had jointly and severally guaranteed the instant loan obligation, and asserted that the payment of the money stated in the claim was sought against Defendant B jointly and severally with Defendant A, Defendant B did not have any joint and several guarantee fact of the Plaintiff’s assertion, and that the extinctive prescription expired even if there was a joint and several guarantee fact.
B. However, there is no evidence to acknowledge the fact of joint and several sureties by the defendant B's assertion of the plaintiff (the evidence No. 1 denies the authenticity by the defendant B, and it cannot be used as evidence because there is no evidence to prove the authenticity). The plaintiff's claim against the defendant B is without merit.
Even if Defendant B’s joint and several liability fact is recognized, according to the evidence No. 1, the maturity date of the instant loan loan is all prior to 1998, and it is apparent in the record that the instant lawsuit was filed on October 28, 198, since at least 18 years thereafter, it is obvious that Defendant B’s loan of this case was filed.