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1. The Plaintiff:
A. As to Defendant A’s KRW 844,60,749 and KRW 271,946,686 among them:
B. Defendant B and E are deceased.
Reasons
1. Facts of recognition;
A. On May 29, 2009, the non-party Montreal Mutual Savings Bank Co., Ltd. (hereinafter “Non-party Savings Bank”) granted a loan of KRW 271,946,686 to Non-party H on May 29, 2010 due date for reimbursement of KRW 271,946,686, and at 25% per annum of damages for delay (hereinafter “instant loan”), and Defendant A jointly and severally guaranteed the Defendant’s obligation of the instant loan.
Then, on December 24, 2009, the non-party savings bank transferred the instant loan claim and its ancillary claim to the Plaintiff.
C. On December 25, 2009, H died (hereinafter “the deceased”), and both Nonparty C and G, who are the deceased’s children, renounced inheritance, Defendant B and G, who are the children of the deceased, succeeded to the deceased’s property 1/2 shares, respectively.
As of February 19, 2014, the principal and interest of the instant loan is KRW 844,60,749 in total (= Principal KRW 271,946,686 or delay damages KRW 572,654,063).
[Reasons for Recognition] (Defendant A) Each entry in Gap evidence 1 through 4 (including branch numbers), the whole purport of pleading (Defendant B and E), and the fact that there is no dispute over the whole purport of pleading
2. According to the above facts, Defendant A is obligated to pay damages for delay calculated at the rate of 25% per annum from February 20, 2014 to the date of full payment, with respect to KRW 844,60,749 in total of the principal and interest of the instant loan and KRW 271,946,686 in total, and the principal and interest of KRW 271,946,686 in total. Defendant B and E are jointly and severally liable with Defendant A to pay damages for delay calculated at the rate of 25% per annum from February 20 to the date of full payment, within the scope of property inherited from the Deceased.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.