beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 493,870,492 and KRW 108,050,059 among them.
Reasons
1. Facts of recognition;
A. On December 2, 2009, Hyundai Swiss Mutual Savings Bank (hereinafter “Mosp2 Mutual Savings Bank”) determined and lent KRW 800 million to Defendant A at 12% per annum and at 24% per annum (hereinafter “instant loan claim”) and Defendant B jointly guaranteed the above loan obligation against Defendant A by setting the extended guarantee limit amount at KRW 1 billion.
B. On December 21, 2010, the Plaintiff transferred the instant loan claim to the Plaintiff, and around that time, sent the notice of transfer of the instant loan claim to the Defendants.
C. On December 1, 2011, the Plaintiff received 631,795,300 won out of the total amount of principal and interest of the instant loan claim KRW 1,100,361,639 (i.e., the principal and interest of KRW 800,00,000,361,639) through the auction procedure for real estate deposit in the Seoul Jongno-gu Seoul District Court (Seoul District Court) as Defendant B owned on December 1, 2011 (i.e., the principal and interest of the instant loan claim amounting to KRW 300,361,639), and subsequently received 507,276,461 won (i.e., the principal and interest of the instant loan claim amounting to KRW 168,204,700,339,7071,610), among the principal and interest of the instant loan claim amounting to KRW 614,615).
Accordingly, the principal and interest of the instant loan claim against the Defendants is KRW 493,870,492 as of September 3, 2014 (i.e., principal amount of KRW 108,050,059 and delay damages amount of KRW 385,820,433).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings
2. Determination
A. According to the above facts, the Defendants jointly and severally pay damages for delay at the rate of 24% per annum, which is the rate of delay damages, from September 4, 2014 to the date of full payment, as to the remaining principal and interest of the instant loan claim KRW 493,870,492, and principal KRW 108,050,059, among them, and the damages for delay at the rate of 24% per annum from September 4, 2014 to the date of full payment. Defendant B