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1. The Defendants jointly and severally pay to the Plaintiff KRW 25,211,509 as well as KRW 23,462,049, among them, from April 10, 2013.
Reasons
1. Facts of recognition;
A. On January 29, 2010, Hyundai Social Co., Ltd. loaned KRW 60,000,000 to Defendant A for a loan period of 48 months, interest rate of loan 25% per annum, and interest rate of 29% per annum (hereinafter “instant loan”). On the same day, Defendant B and C jointly and severally guaranteed Defendant A’s debt (hereinafter “instant joint and several guarantee”).
B. On April 2, 2013, the Plaintiff received a claim against the Defendants from Hyundai Social Co., Ltd., and Hyundai Social Co., Ltd. sent a notice of the assignment to the Defendants by content-certified mail on April 3, 2013. The notice of the assignment of claims reached the Defendants around that time.
[Defendant C’s assertion that the notice of assignment of claims was not received, but if the notice of assignment of claims was not sent by content-certified mail and was not otherwise returned, it is reasonable to view that such notice was served at that time unless there are special circumstances (see Supreme Court Decision 2000Da20052, Oct. 27, 200).
The Defendant A delayed the repayment of the above principal and interest of the loan, thereby losing the benefit of March 25, 2013. As of April 9, 2013, the remaining principal is KRW 23,462,049, the unpaid interest rate is KRW 1,073,258, the unpaid interest rate is KRW 97,95, the unpaid interest rate is KRW 578,207.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, 3, Gap evidence 3 (application for loans from modern social funds, defendant A and Eul are not disputed in the establishment of the authenticity of the document, and the authenticity of the document is presumed to have been formed as a whole due to the lack of dispute in the stamp image part of defendant C), Gap evidence 4-15, and the purport of the whole pleadings.
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 25,211,509 (=23,462,049 KRW 1,073,258 KRW 97,95 KRW 578,207) and damages for delay calculated at the rate of 29% per annum from April 10, 2013 to the date of full payment.
3. Defendant C’s assertion