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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 263,906,896 and KRW 98,350,000 among the Defendants, from May 26, 2015 to October 2015.
Reasons
1. Basic facts
A. On September 11, 1997, Defendant A entered into a loan transaction agreement with Samsung Fire & Marine Insurance Co., Ltd. and received money, and Defendant B jointly and severally guaranteed the loan obligation.
B. As the Defendants did not pay their principal and interest under the agreement and thereby lost the benefit of time, Samsung Fire Marine Insurance Co., Ltd. filed a lawsuit against the Defendants for a loan claim against the Defendants, and the judgment was rendered that “the Defendants jointly and severally filed a lawsuit against the Defendants, 98,350,000 won, as well as 19.5% per annum from April 30, 199 to January 18, 2005, and 20% per annum from the next day to the date of full payment” (Ulsan District Court Decision 2005Da2499, Aug. 25, 2005). The judgment became final and conclusive on October 7, 2005.
C. Around October 29, 2013, Samsung Fire and Marine Insurance Co., Ltd. transferred the foregoing judgment claim to the Plaintiff, and sent the notice of assignment to the Defendants through content-certified mail around June 25, 2015.
The debt unpaid as of May 25, 2015 is KRW 98,350,00 of loan balance, KRW 165,556,896 of interest in arrears, KRW 263,906,896 of interest in arrears, and the agreed delay damage rate is 19% per annum.
[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 5-1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the principal and interest 263,906,896 won and the principal of the loan 98,350,000 won, plus 19% per annum, which is the rate of delayed damage, from May 26, 2015 to October 13, 2015, which is the date of the final delivery of the copy of the complaint of this case, and damages for delay calculated by the rate of delay damage under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
However, Article 2 of the Addenda (Presidential Decree No. 26553) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 2655) was promulgated on September 25, 2015 and enforced on October 1, 2015.