Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 633,893,803 and KRW 300,000,000 among them.
Reasons
1. Determination as to the cause of claim
A. Fact-finding 1) Do Private Savings Bank Co., Ltd. (Gangwon) (hereinafter “Do Private Savings Bank”) is limited to Do Private Savings Bank.
(1) On October 19, 2007, Defendant A Co., Ltd. (hereinafter “Defendant Company”) is limited to “Defendant Company”).
(3) The loan of 300 million won (hereinafter referred to as “the loan of this case”) shall be extended by setting the due date to October 19, 2008 and the overdue interest rate to 19% per annum.
(2) After Defendant B and C provided joint and several sureties for each of the loan obligations of this case, the Do Public Savings Bank extended the maturity to October 19, 2009. Accordingly, the principal and interest amount of the loan claims incurred until November 9, 2014 are 63,893,803 won in total, including the outstanding interest and interest rate of 33,893,803 won in accordance with the agreement between December 5, 2008 and November 9, 2014.
3) On August 26, 2011, the Financial Supervisory Commission decided to transfer a contract to the Plaintiff to the Do Public Savings Bank and revoke its business license. On August 29, 2011, the Plaintiff announced this on two daily newspapers on August 29, 201. Accordingly, on December 28, 2011, the Do Public Savings Bank entered into an agreement on the settlement of accounts, such as the transfer of the instant loan claims to the Plaintiff, and the Plaintiff, upon the public notice of the said newspaper pursuant to Article 14-2 of the Act on the Structural Improvement of the Financial Industry, had the Defendants set requirements for setting up against the transfer of the instant loan claims against the Defendants.
[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including the relevant branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the facts established prior to the determination, barring any special circumstance, the Defendants calculated the annual interest rate of 19%, which is the date following the date of calculation of the interest calculated for the principal amount of KRW 633,893,803 and the principal amount of KRW 300,000,00 among the principal amount, jointly and severally, to the Plaintiff, the assignee of the instant loan claims, as the principal debtor and joint guarantor of the instant loan claims.