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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition (1) on June 1, 2001, the king Agricultural Cooperative Co., Ltd. (hereinafter referred to as the “Seoul Agricultural Cooperative”) loaned KRW 7,90,000 to Defendant A at interest rate of KRW 6.5% per annum, annual interest rate of KRW 15% per annum, and due date of payment on June 1, 2006, and Defendant B guaranteed Defendant A’s obligation to pay the above loans.
(1) On May 17, 2002, 198, 198, 200, 200, 2000 Won 8,000,000 per annum on May 17, 2002, 200, 17% per annum on damages for delay, and on May 17, 2005, 200. The Defendant A guaranteed Defendant A’s obligation to pay the above loans.
(2) On June 28, 2013, the Plaintiff: (a) transferred the instant loan claims to the Plaintiff on June 28, 2013; and (b) on June 23, 2014, the Plaintiff delegated the notification of the assignment of claims to Defendant A with the content-certified mail.
(4) As of July 23, 2015, the principal and interest of the first loan was KRW 11,758,935 (i.e., the balance of loans + KRW 5,920,180 + Unclaimed interest + KRW 5,838,755). As of July 23, 2015, the principal and interest of the second loan was KRW 4,393,660 (i.e., the balance of loans + KRW 99,958 + Unclaimed interest + KRW 3,393,702).
(5) The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the purchased bonds is 17% per annum.
[Ground of recognition] Evidence No. 1-2, Evidence No. 2-2, Evidence No. 2-7, and the purport of the whole pleadings
B. In a case where a postal item proving the contents of judgment is not sent and returned, it shall be deemed that it was served on the addressee at that time, barring any special circumstance (see, e.g., Supreme Court Decision 96Da38322, Feb. 25, 1997). A guaranteed liability shall also be transferred to the surety unless otherwise stipulated by the parties, if a claim against the principal obligor is transferred due to the subsidiary nature or accompanying nature of the principal obligation, the claim against the surety is also transferred, unless otherwise stipulated by the parties. In such a case, the requirements for setting up against the assignment of claims