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1. The Defendants are jointly and severally liable to the Intervenor succeeding the Plaintiff at KRW 99,053,543 and Defendant E Co., Ltd. on September 2018.
Reasons
1. Facts of recognition;
A. On February 26, 2018, Defendant E Co., Ltd. (hereinafter “Defendant E”) borrowed KRW 150,000,000 from the Plaintiff for the purchase of air conditioners, etc., and entered into an installment financing agreement with the Plaintiff as follows (hereinafter “Installment period”): The amount paid in the month of equal repayment of principal and interest: 25,000,000 won: the overdue interest rate of KRW 24% per annum.
B. As the representative of the Defendant Company, Defendant F guaranteed the Defendant Company’s obligation to the Plaintiff within the maximum of KRW 195,00,000 with respect to the guaranteed obligation.
C. The principal and interest of the loan was in arrears from May 20, 2018 and thus, the interest of the loan was lost due to its default, and the loan principal is KRW 9,053,543.
On June 10, 2019, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff all the claims for loans including the above loan principal and overdue interest, etc. to the Defendants. On July 10, 2019, the Plaintiff notified the Defendants of the transfer of claims.
[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, each entry of 10 to 12 evidence, the purport of the whole pleadings
2. According to the facts found in the determination as to the claim by the Plaintiff’s succeeding intervenor, the Defendants are jointly and severally liable to pay to the Plaintiff’s succeeding intervenor the Plaintiff’s claim for the principal and interest of the loan to the Defendants at the rate of 24% per annum, which is the overdue interest rate, from September 21, 2018 to September 21, 2018, and from September 21, 2018 to February 25, 2019.
3. The Plaintiff’s claim determination as to the Plaintiff’s claim was transferred to the Intervenor succeeding to the Plaintiff all the claim against the Defendants, which is the claim claim of this case. Thus, the Plaintiff’s claim against the Defendants is without merit
4. Accordingly, the plaintiff succeeding intervenor's claim against the defendants is justified, and all of them are accepted. The plaintiff's defendants are also the defendants.