Text
1. The Plaintiff:
A. As to the Defendant A’s KRW 835,148,070 and KRW 334,224,60 among them, Defendant A shall be from June 27, 2014 to October 27, 2014.
Reasons
1. Facts of recognition;
A. On December 10, 2007, the New Bank Co., Ltd. (hereinafter “New Bank”) loaned KRW 1,120,000,000 to Defendant A. On December 10, 2007, the due date for payment was December 10, 2008; the interest was the floating rate of KRW 2.35% for the interest; the interest rate was determined by the New Bank; and the delay interest rate was determined by the New Bank; and the Defendant B agreed to apply within the maximum of 21% per annum for the interest rate of KRW 1,456,00,000 to the New Bank; around that time, the Defendant B guaranteed the Defendant A’s obligation to pay the above principal and interest to the New Bank as the guarantee date.
B. On December 28, 2010, the new bank transferred the above principal and interest of loan to APS AP specialized company, and publicly announced the transfer of the above credit on January 4, 201 pursuant to Article 7(1) of the Asset-Backed Securitization Act.
C. On December 23, 2011, the foregoing limited liability company transferred the above principal and interest of loan to the Plaintiff, and notified the Defendant A of the assignment of the above credit on January 3, 2012, and notified the Defendant A of the said assignment of credit, and the said notification reached the Defendant A.
As of June 26, 2014, Defendant A’s obligation to pay the principal and interest of the loan amounting to KRW 835,148,070, including the principal amount of KRW 334,224,60, and the rate of delay damages determined by the Plaintiff from the time of June 26, 2014 is 19% per annum.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, Defendant A and Defendant B, a principal debtor, jointly and severally and severally, are jointly and severally liable to pay to the Plaintiff, the assignee, the total amount of principal and interest of KRW 835,148,070 and the principal amount of KRW 334,224,60,00, which is the day following the date of calculating the above principal and interest, 19% per annum from June 27, 2014 to October 27, 2014, the delivery date of the original copy of the instant payment order, and 20% per annum from the following day to the day of full payment, to the day of delivery of the original copy of the instant payment order. The Defendant B is jointly and severally liable to pay damages for delay calculated at the rate of KRW 1,456,00,00 per annum from the next day
The plaintiff is the defendant B.