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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,49,873 and KRW 10,002,780 among them, and the Defendant from November 1, 2012.
Reasons
1. On July 28, 2003, Non-Party Treatment Capital Co., Ltd. loaned KRW 11,243,341 annually to Defendant A at the interest rate of 14% per annum, 24 months during the lending period, and 24% per annum. Defendant B guaranteed the obligation of Defendant A. On May 25, 2006, the above treatment Capital transferred the obligation of the loan to Defendant A to Daewoo Investment Co., Ltd. on October 31, 2012, and again transferred the said obligation to the Plaintiff on October 31, 2012. The principal of the above obligation as of October 31, 2012 is either KRW 10,002,780, KRW 1204,69, overdue interest rate of KRW 1204, KRW 129,2929, and KRW 29429, etc., or there is no dispute over the purport of the entire pleadings between the parties.
2. According to the above facts of determination, Defendant A and Defendant B, a joint guarantor, jointly and severally, jointly and severally liable to the Plaintiff the sum of the above loan principal and interest of KRW 30,49,873 and the principal of KRW 10,002,780 from November 1, 201, the following day following the above basic date, is clear on the record that the Defendants were served with the complaint of this case. Defendant A is liable to pay damages at the rate of 24% per annum from December 24, 2015, the overdue interest rate of the contract until December 24, 2015, and at the rate of 15% per annum from the following day until the date of full payment (from October 1, 2015 to the date of full payment) under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (from October 1, 2015 to the date of full payment), and at the rate of 24% per annum from the following day to July 30, 2015.
In this regard, Defendant B asserts that the obligation of the above loan has already been extinguished after the lapse of five years of prescription.
However, in full view of the contents of evidence No. 4, the whole purport of the argument is examined.