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1. The Defendants jointly and severally pay to the Plaintiff KRW 88,910,324 as well as KRW 48,035,448 among them, from January 31, 2020.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
(However, ‘creditor' is considered as ‘Plaintiff' and ‘debtor' as ‘Defendant'). 2. Judgment by public notice of claim against Defendant B by public notice (Article 208(3)3 of the Civil Procedure Act).
3. According to the evidence No. 1 to No. 3 of the claim No. 1 against Defendant C, D Bank transferred its loan claims against Defendant B to E Limited Liability Company, and E Limited Liability Company transferred them to the Plaintiff, as of January 30, 2020, Defendant B’s loan claims amounting to KRW 48,035,448, delay damages amounting to KRW 39,845,773 (annual rate of 17%) as of June 29, 2012, and Defendant C guaranteed joint and several surety against Defendant D Bank’s debt amounting to KRW 348,00,000,000 on June 29, 2012.
Therefore, Defendant C, jointly and severally with Defendant B, shall pay to the Plaintiff, the assignee of the loan claim amounting to KRW 88,910,324 of the principal and interest of the loan amounting to KRW 48,035,448 of the principal and interest of the loan amounting to KRW 17% per annum from January 31, 2020 to the date of full payment, and shall pay damages for delay within the limit of KRW 349,00,000 as claimed by the Plaintiff.
Defendant C did not receive the notification of the assignment of claims and claimed that the loan obligation was fully repaid through an auction. However, according to the statement in the evidence No. 2, the allegation that there was no notification of the assignment of claims since the notification of the assignment of claims was submitted as evidence in the instant lawsuit and reached Defendant C is without merit.
In addition, according to the evidence Nos. 3 and 5-1 and 2 of the evidence Nos. 5-2 of the Suwon District Court, E limited liability company, the assignee of the loan claim in the auction procedure of F Real Estate Deposit in Suwon District Court, receives dividends of KRW 869,437,90, and appropriates three principal and interest claim against Defendant B, among which the principal amount of the loan claim in this case is KRW 348,00,000, interest of KRW 21,556,931, the principal amount of KRW 299,944,60,602, interest of KRW 21,556,931, and interest of KRW 48,05,398 (=348,000,000 - KRW 299,94,602).