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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 146,33,934 and KRW 30,000,000 among the said costs.
Reasons
1. Basic facts
A. On November 22, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) applied the basic terms and conditions for credit transactions by the National Agricultural Cooperative Federation (hereinafter “CF”) to the Agricultural Cooperative Federation; and 405,540,000 won under the name of a deed loan (general facility loan, general fund loan); and received a loan on June 29, 2010, by designating the expiration date of the credit period as the loan.
(hereinafter referred to as the “instant loan”). (b)
At the time of the loan of this case, Defendant A, the representative director of Defendant A, was jointly and severally guaranteed the amount of 486,648,000 won to be borne by Defendant A for the loan of this case.
C. As of May 22, 2014, the principal and interest of the instant loan remains in KRW 146,33,934 in total of KRW 73,041,515 and interest KRW 73,292,419. The delay interest rate for the instant loan is 16.02% per annum.
On December 17, 2013, the Agricultural Cooperatives Federation transferred the instant loan claims to the Plaintiff, and notified the Defendants of the transfer of the said claims on January 7, 2014.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4 (the same as evidence of Gap's 5 or 7) and the purport of whole pleading
2. Determination:
A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff, the assignee of the instant loan claims, 146,33,934 won of the principal of the instant loan and 30,000 won of the principal of the instant loan from May 23, 2014 to March 21, 2015, which is obviously a final delivery date of the instant payment order, with 16.02% per annum under the agreement and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
I would like to say.
B. (i) As to the Defendant B’s assertion, Defendant B lent its name upon request from Defendant B around August 2003 and made C establish and operate the Defendant. The loan of this case was made by lending its name upon request from Defendant B.