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1. As to the Intervenor succeeding to the Plaintiff:
A. The Defendants are jointly and severally liable for KRW 2,655,711,730 and KRW 783,595,924.
Reasons
1. Determination as to the claim of the Plaintiff’s succeeding intervenor
A. On June 3, 2008, the claim indication 1) Hyundai Swiss Mutual Savings Bank II and the Defendants (hereinafter “Nonindicted Bank”) lent the loans to Defendant A Co., Ltd. (hereinafter “Defendant Company”); the subject of the loans is KRW 3,400,000,000 per annum; the interest rate is KRW 11% per annum; and the interest rate for delay is KRW 24% per annum; the Defendant B provided the said loans to the Defendant Company’s joint and several liability guarantee amount at KRW 4,420,000,000 on the same day.
(2) On June 30, 2009, the non-party bank lent the loan amount to the defendant company on June 30, 2009; the loan amount to general loan amount to KRW 570,000,000 per annum; interest rate to KRW 14% per annum; and compensation rate for delay to 24% per annum; and on the same day, the defendant Eul set the guarantee limit amount to KRW 741,00,000 as the guarantee limit amount to KRW 741,00,000 and jointly guaranteed the above loan obligation of the defendant company (hereinafter “the second loan”).
(C) On December 31, 2009, the non-party bank lent the loans to the defendant company; the loans to the loan company; the loans to the loan amount to 345,00,000 won per annum; interest rate to 12% per annum; and damages for delay to the loan amount to 24% per annum; and on the same day, the defendant B guaranteed the above loans to the defendant company by setting the guarantee limit amount to 448,50,000 won per annum; and on the same day, the defendant B guaranteed the above loans to the defendant company.
(2) On June 29, 2010, the non-party bank transferred all of the above loans owed to the Defendants to the Plaintiff on June 29, 2010, and notified the Defendants of the assignment of claims on the same day.
B) On October 24, 2014, after the filing of the instant lawsuit, the Plaintiff transferred the entire loan claims to the Intervenor succeeding to the Plaintiff, and notified the Defendants of the transfer of claims on or before December 9, 2014. 3) The amount of the unpaid amount of the Defendant Company’s non-payment is as follows: