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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On March 12, 1998, the Husan-gun Livestock Industry Cooperatives established a loan on September 10, 2000 with the interest rate of KRW 20 million per annum 16.5% per annum, delay damages rate of KRW 22% per annum, and September 10, 200 on the expiration date of the loan period.
(hereinafter referred to as “instant First Loan”). (b)
On May 28, 1998, the South-Gun Saemaul Cooperative shall grant a loan of KRW 10 million at the interest rate of KRW 20,000 per annum to Defendant A who is a member, 20% per annum, 25% per annum, and 25% per annum on May 28, 199, the expiration date of the loan period, and hereinafter referred to as “the second loan”).
(C) At the time, Defendant B jointly and severally guaranteed the instant loan 2. (C) on June 28, 2013, Defendant B transferred the instant loan 1 claims to the Plaintiff, and the Southern Military Community Credit Cooperatives, respectively. The Plaintiff was delegated with the authority to notify the transfer of the instant loan claims and notified Defendant A of the transfer of the instant loan claims around June 23, 2014. D. As of November 6, 2015, the principal and interest of the instant loan 1 claims were KRW 34,408,331 ( principal and interest KRW 18,904,620) (interest KRW 15,503,71), KRW 30,160, KRW 157 (interest KRW 10,000,000, KRW 200, KRW 2016, KRW 157, KRW 2015, KRW 315, KRW 2015).
2. Determination
A. According to the above facts of determination as to the cause of the claim, Defendant A is obligated to pay to the Plaintiff the sum of KRW 64,568,488 (34,408,31 won, 30,160,157) and the sum of principal of KRW 28,904,620 (10,000 won, 18,904,620 won, 620,000) as to KRW 30,160,157 of the principal of the claim of KRW 2 of the above amount and KRW 10,00,000 of the principal of the claim of this case from November 7, 2015 to the date of full payment.
B. Determination as to the defendants' defense of extinctive prescription