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1. The Defendants jointly pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from January 8, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On October 5, 2012, Spo Savings Bank Co., Ltd. loaned KRW 320,000,000 to Defendant A under the joint and several sureties (Guarantee Ceiling 416,000,000) by Defendant B.
(hereinafter referred to as the "loan of this case"). (b)
The principal and interest claim of this case were transferred to the Plaintiff on February 27, 2017 through Han Bank, MSSA, and limited companies specializing in the second securitization.
C. The amount of the principal and interest of the instant loan outstanding as of June 5, 2017 is KRW 169,167,817 (= Principal KRW 105,549,151 interest in arrears of KRW 63,61), and the agreed delay damages rate is 25% per annum.
[Ground for Recognition] Defendant B: Judgment by deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act) (Article 208(3)2 and 150(3) of the Civil Procedure Act)
2. According to the allegations and the above facts, Defendant A and Defendant B, a joint guarantor, are jointly obligated to pay to the Plaintiff 1,00,000,000 won of the principal and interest of the instant loan, and damages for delay at the rate of 25% per annum from June 6, 2017 to the date of full payment. However, Defendant B is jointly obligated to pay the said amount within the limit of 416,00,000 won, which is the maximum amount of guarantee.
As to this, Defendant A raises a defense to the effect that the principal and interest obligation of this case were extinguished due to the successful bid price of secured real estate. However, there is no evidence to acknowledge this assertion, and the above defendant's defense of repayment is without merit.
3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.