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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 450,000,000 and KRW 200,000 among them, starting from November 14, 2015.
Reasons
1. Indication of claim;
A. D lent KRW 400 million to Defendant B, and on October 20, 2005, the Defendants drafted a letter of performance that they would pay the above borrowed amount of KRW 400 million to D until January 8, 2006, and Defendant C entered Defendant C as the borrower of the above borrowed amount and Defendant B as the joint and several surety.
B. On May 25, 2006, Defendant C repaid KRW 200 million out of the above borrowed money to D, and on May 26, 2006, Defendant C completed the registration of the establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based land (hereinafter “instant land”) with a maximum debt of KRW 200 million (hereinafter “the remainder of the borrowed money”). In order to secure the remainder of the borrowed money, Defendant C completed on May 26, 2006 the registration of the establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-based mortgage”) with respect to the land (hereinafter “instant land”).
C. On May 6, 2008, the Defendants, while failing to repay the instant loan, drafted a payment note with the content that the Defendants shall pay the instant loan and interest thereon at the rate of 2% per month from January 8, 2006 to the date of full payment. D.
After that, on October 20, 2010, D transferred the instant loan claim and the instant collateral security to the Plaintiff. At that time, D notified the Defendants of the assignment of claims, and the said notification was delivered to the Defendants.
E. Meanwhile, on June 8, 2011, the Plaintiff received dividends of KRW 205,437,626 as a mortgagee at an auction procedure for the instant land. From January 8, 2006, the date on which the agreement on the instant loan was made, to June 8, 201, the interest rate of KRW 260 million (i.e., the principal amount of the instant loan x 0.02 x 65 months) was paid from January 8, 2006, which was the date on which the agreement on the instant loan was made (i.e., the interest rate of KRW 20 million x 0.02 x 65 months). Since the said dividend was fully appropriated for interest pursuant to the legal principles on appropriation of performance, the Plaintiff’s claim against the Defendants of the instant loan 254,562,374 [the principal amount of the instant loan = interest rate of KRW 54,562,374 million (i.e., interest rate of KRW 6200 million).