1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. On July 31, 1997, Defendant A and the New Saemaeul Fund re-entered Defendant D and E with the loan amounting to KRW 10 million from July 14, 1995 to July 14, 1995, the loan period of KRW 14,00,000,000 per annum from July 14, 1995 to July 14, 1997, the interest rate of KRW 13% per annum, the overdue interest rate of 20% per annum, the joint and several surety, and the content of the re-contract is KRW 10,00,000,000, the loan period from July 14, 1997 to July 14, 1999, the interest rate of KRW 13% per annum, and the overdue interest rate of 20% per annum.

(hereinafter referred to as the “instant loan”). Defendant C and B jointly and severally guaranteed the instant loan.

B. As Defendant A was unable to repay the instant loan obligation, on June 28, 2013, the New Saemaeul Fund transferred the instant loan claim to the Plaintiff. On March 31, 2014, the Plaintiff was delegated with the authority to notify the assignment of the claim and notified the Defendant A of the said transfer.

C. Meanwhile, at the time of the assignment of the above assignment, Defendant A’s loan balance was KRW 2,194,790.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3 and 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, Defendant A is the obligor of the instant loan, barring any special circumstance, and Defendant C and B are jointly and severally and severally liable to pay the remainder of the instant loan to the Plaintiff, the assignee of the instant loan claim, KRW 2,194,790, and delay damages therefor.

3. Judgment on the defendants' assertion

A. The Defendants asserted that, since the new Saemaeul Bank exempted Defendant A from the interest and overdue interest on the instant loan, the Defendants asserted that it cannot respond to the Plaintiff’s claim that exceeds KRW 2,194,790 of the loan balance.

B. Determination 1) The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in the evidence Nos. 1, 2, and 3 of the facts of recognition. A) The defendant A and the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the