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1. The Plaintiff:
A. As to KRW 211,686,293 and KRW 124,882,03 among them, Defendant A Co., Ltd., from November 15, 2017.
Reasons
1. Facts of recognition;
A. On September 16, 2009, the Small and Medium Business Corporation (hereinafter “Small and Medium Business Corporation”) loaned KRW 200 million to Defendant A Co., Ltd. (hereinafter “Defendant A”) and agreed on September 15, 2012 on the expiration date of the loan, the agreed interest rate of 4.57% per annum, delay interest rate of 12% per annum. On the same day, Defendant B guaranteed the above principal and interest amount of loan up to KRW 240,00,000 (specific guarantee).
B. On September 23, 2015, Nonparty 2 transferred to the Plaintiff all of the loan principal and interest of the Defendants (including loan balance of KRW 176,921,281 and interest, and other damages; hereinafter “instant claim”), and issued a notice of transfer to Defendant A by content-certified mail on October 21, 2015.
C. As of November 15, 2017, the Plaintiff acquired the instant claim amounting to KRW 124,882,033, interest (including delay damages) (including delay damages), KRW 86,804,260, total amount of KRW 211,686,293.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, Defendant A is obligated to pay the Plaintiff the principal and interest of KRW 211,686,293 and the principal of KRW 124,882,03 as to the Plaintiff who acquired the instant claim from November 15, 2017 to January 18, 2018, as the Plaintiff seeks from November 15, 2017, the last delivery date of the complaint of this case, 12% per annum, which is the interest rate for delay, and delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Defendant B is jointly and severally liable to pay the principal and interest of this case within the limit of KRW 240,00,00 as a joint and several surety, and
3. Determination as to the defendants' defenses, etc.
A. The Defendants, including the Defendants’ defense, asserted that ① they were not notified of the transfer and acquisition of the instant claim by Nonparty Corporation, and ② The date of occurrence of the instant claim was March 16, 2012, and the instant claim was claimed.