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1. The Defendants are jointly and severally and severally liable for KRW 1,837,205,802 to the Intervenor succeeding to the Plaintiff and KRW 1,760,00,000 among them.
Reasons
1. Basic facts
A. On July 29, 201, the Plaintiff offered a loan (hereinafter “instant loan”) with a limit of KRW 2,00,000,000 per annum, interest rate of KRW 8.7% per annum, and interest rate of KRW 25% per annum. around the same day, around June 1, 2012, around 360,000,000, and around 400,000,000,000 around September 20, 2012 for Defendant church, Defendant D used a loan with a limit of KRW 2,60,000,000,000 per annum (hereinafter “instant loan”). around July 29, 201 for Defendant church, Defendant D provided a joint and several guarantee for each of the instant loans of KRW 1,00,000,000,000, KRW 100,000 per annum.
B. When the maturity of the instant loan arrives, the Plaintiff extended the maturity in the form of a substitution every six months.
C. However, as of October 25, 2017, Defendant churches did not pay the principal and interest of the Defendant church, the principal and interest of the Defendant church loan are indicated in the following table.
On April 27, 2018, when the lawsuit of this case was pending, the Plaintiff entered into an asset transfer agreement with the Plaintiff’s succeeding intervenor, and transferred all of the rights, such as all loans and claims against the Defendant church, the right to collateral security regarding such claims, the right to guarantor, and all other rights incidental thereto, to the Plaintiff’s succeeding intervenor. On May 11, 2018, the Plaintiff notified the Defendant church, the primary debtor, of the assignment of the rights.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally paid to the Plaintiff’s Intervenor the total amount of KRW 1,837,205,802 (= KRW 1,044,571,315, KRW 417,176,040, KRW 375,458,447) and the principal amount of KRW 1,760,000 (= KRW 1,000,000, KRW 360,000,000, KRW 360,000,000, KRW 360,000,000 on October 26, 2017 following the above basic date; Defendant D shall pay damages for delay calculated at the rate of KRW 2,60,000, KRW 00, KRW 3600, KRW 360,000, KRW 10,000, KRW 100.