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1. The defendant shall pay to the plaintiff KRW 21,534,473 and KRW 20,887,632 among them, from April 21, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On March 16, 2012, Daesung Co., Ltd. (hereinafter “Moman Company”) borrowed KRW 63 months of loan period and KRW 28,000,000 (hereinafter “instant loan”) at the rate of 12% per annum from Hyundai Myman Social Co., Ltd. (hereinafter “Moman Social”). At the time of the instant loan contract, where a ground for loss of interest under the basic terms and conditions of credit transaction or credit transaction agreement arises, the lending company lost the benefit of time and the overdue interest rate was determined to apply 24%, and the Defendant entered into a joint and several surety contract with the Plaintiff for the instant loan obligations.
B. On May 7, 2014, the Plaintiff received the claim for the instant loan from Hyundai Syman social, and at that time, Hyundai Syman notified the Defendant of the assignment of the said claim.
C. As of April 20, 2014, the instant principal and interest of the loan amount to KRW 20,987,632, unpaid interest, KRW 610,720, and KRW 36,121, etc., total of KRW 21,534,473, as of April 20, 2014.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, and purport of the whole pleadings
2. Determination
A. According to the facts of the judgment as to the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,534,473 and the amount of KRW 20,987,632 from April 21, 2014 to the date of full payment, which is the day following the base date for calculating damages for delay.
B. Judgment on the Defendant’s defense 1) The Defendant’s assertion-based company B is a large freight B (hereinafter “instant vehicle”).
During the process of purchasing B, the Defendant received the instant loan from Hyundai Macks, and the Defendant jointly and severally guaranteed the foregoing loan obligations, and Hyundai Macks written the instant vehicle model in the application for the instant loan, not a cargo transport dump truck, which led to the occurrence of the damage on which Macks could not sell the instant vehicle, and the amount of such damage.