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1. As to KRW 93,466,883 and KRW 20,220,590 among the Plaintiff, Defendant A shall be annually from January 1, 2017 to the full payment system.
Reasons
1. Facts of recognition;
A. Defendant A: (a) set the rate of 18.5% per annum on July 8, 1997, and the due date on July 7, 2000 from the Hanil Bank Co., Ltd.; and (b) set the rate of 18.5% per annum on July 11, 1997 and the due date on July 11, 1997, and received each of the loans (hereinafter collectively referred to as “each of the loans of this case”); and (c) Defendant B jointly and severally guaranteed each of the loans of this case by Defendant A on the same date as the above loans.
B. The Korean Commercial Bank Co., Ltd. merged the non-party Han-il Bank and changed its trade name to Han-dae Bank.
C. On March 30, 2002, Korea Light Bank Co., Ltd. transferred each of the instant loans to Nonparty 1 on February 14, 2003, to the Non-Party Promotion Savings Bank Co., Ltd., and the Promotion Savings Bank Co., Ltd. transferred each of the instant loans to the Plaintiff on June 15, 201, and notified each of the transfers to Defendant A at the time of transfer by each transferor.
As of October 11, 2016, the Plaintiff owned the claim amounting to KRW 93,46,883 in total, including KRW 20,220,590 and interest KRW 73,246,293.
[Reasons for Recognition] Defendant A: Service by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant B: The absence of dispute, each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the principal and interest of each of the instant loans of KRW 93,466,83 and the principal of the loan of KRW 20,220,590, barring special circumstances.
B. Defendant B’s assertion that each of the loans of this case claimed by the Plaintiff has expired, and thus, Defendant B’s assertion that each of the loans of this case was a commercial claim arising from the act of loans of Han-il Bank Co., Ltd., a merchant, as seen earlier.