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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition 1) Defendant A received a total of seven loans from a new agricultural cooperative (regional). The details of the loans in detail, the balance of loans as of June 9, 2015, and the interest accrued therefrom as of June 9, 2015 are as follows. 2) On the other hand, Defendant B guaranteed Defendant A’s loan obligations against the said new agricultural cooperative as to the loan transactions Nos. 1 and 2 listed below.
3) On June 28, 2013, the said new agricultural cooperative transferred the Defendants’ loan claims and joint and several surety claims to the Plaintiff. On or around June 18, 2015, the Plaintiff was delegated with the foregoing new agricultural consultation, which is the transferor of claims, and notified the Defendant A, the principal debtor, of the assignment of claims. (4) The delayed interest rate for the loan transaction under Nos. 1 through 4, 6, and 7 as indicated in the said table is 18% per annum, and the delayed interest rate for the loan transaction under No. 5 is 17% per annum, and the Plaintiff applies the delayed interest rate of 17% per annum pursuant to Article 11 of the Regulations on the Management of Trust Bonds of the National Dental Fund to the Defendants.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-10, Gap evidence 2-10, the purport of the whole pleadings
B. According to the above facts, Defendant A, as a principal debtor, is obligated to pay the principal amount of KRW 63,813,755 and the principal amount of KRW 28,440,00 among them; Defendant B, as a joint guarantor for loan transactions Nos. 1 and 2, as the principal principal debtor; Defendant B, as the joint guarantor for loan transactions Nos. 1 and 2, has the obligation to pay damages for delay calculated at the rate of 17% per annum as calculated by the agreement between June 10, 2015, which is the following day after the date of calculating the final interest for delay, as the principal amount of KRW 4,132,208 (the principal amount of KRW 1,562,491) and the principal amount of KRW 2,00,000 among them.
2. As to Defendant A’s assertion, Defendant A’s judgment on each of the claims for loans against the Plaintiff’s own.