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1. The Defendants jointly and severally pay to the Plaintiff KRW 115,197,282 and KRW 34,01,571 among them, from June 13, 2014.
Reasons
1. Facts of recognition;
A. On March 2003, Defendant A entered into a comprehensive passbook loan agreement (credit limit amount: KRW 30 million, credit investigation fees: KRW 0.1% of the agreed amount: KRW 1% of the agreed amount at the time of payment of loan amount: KRW 1% of the transaction amount at the time of payment of loan amount: March 3, 2003; credit maturity date: March 3, 2004; interest rate: 18% per annum on March 3, 2004; 24% per annum on interest for more than 3 months and 6 months; 30% per annum on June, 6 months; and 12% per annum).
B. Defendant A was unable to fully repay the principal and interest of the loan, despite having received the loan from the Korea Exchange Bank according to the above agreement, and as prescribed by the above agreement, the amount of unpaid loan is KRW 34,01,571 as of June 13, 2014 and KRW 81,185,71 (the interest rate in arrears after May 31, 2013) plus KRW 115,197,282 as of June 13, 2014.
C. On June 21, 2013, the Korea Exchange Savings Bank transferred the above principal and interest of loan to the Plaintiff, and notified Defendant A of the fact of transferring the loan.
【Ground of recognition】 Evidence Nos. 1 through 8, and the purport of the whole pleadings (Provided, That with respect to Defendant B, “the fact that there is no dispute” is added)
2. According to the facts of the above finding as to the assertion, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by an agreement of 115,197,282 won and 34,011,571 won among them, with 17% interest per annum from June 13, 2014 to the date of full payment.
Defendant B defenses that the above principal and interest claim has expired, but in full view of the purport of the argument in the evidence No. 9 of the argument, Defendant B raised an order to pay the above principal and interest claim against the Defendants under the Busan District Court Branch Branch of 2004 tea6036 and issued a payment order on July 1, 2004, and around that time, the above payment order became final and conclusive. Accordingly, the above principal and interest claim becomes final and conclusive, and the above payment order becomes final and conclusive.