1. The plaintiff's claim is dismissed.

2. The Defendants are jointly and severally liable to the Intervenor succeeding to the Plaintiff for the payment of KRW 250,305,896 and one of them on 231.

1. Basic facts

A. On February 9, 2015, the Plaintiff: (a) loaned KRW 400,00,000 to Defendant A Co., Ltd. on February 9, 2015; (b) on February 9, 2018, at the interest rate of KRW 10.5% per annum; and (c) at the interest rate of KRW 21.5% per annum 21.5-23.5% per annum; and (d) Defendant B guaranteed the above loan obligations against Defendant A on the same day.

B. According to the above loan contract, Defendant A shall pay the Plaintiff interest on the above loans each month as well as the principal amounting to KRW 15,000,000,00 among the principal. The failure to repay this principal is defined as the ground for the loss of the benefit of time. Defendant A lost the benefit of time by failing to perform the above principal repayment obligation.

C. On December 8, 2017, when the lawsuit of this case is pending, the Plaintiff transferred the above loan claims to the Intervenor succeeding to the Plaintiff. On January 2, 2018, the Plaintiff’s succeeding intervenor, who was granted the authority to notify the transfer of the above assignment by the Plaintiff, notified the Defendants by content-certified mail as the Plaintiff’s representative. The above notification reached the Defendants around that time.

As of December 8, 2017, the amount of the above loan claims as of December 8, 2017 is 250,305,896 won in total, including principal 231,025,023 won, interest or delay damages 19,280,873 won, and the rate of delay damages for the above loan claims is 21.5% per annum.

【Defendant-Appellant’s Judgment】 (The Defendant submitted only a formal objection to the payment order after being served with the original copy of the instant payment order, and did not submit a reply or preparatory document containing subsequent details, and did not appear on the date of pleading. Thus, all the allegations of the Plaintiff and the Intervenor’s successor pursuant to Article 150(3) and (1) of the Civil Procedure Act are deemed to have led to the confession of all the allegations of the Plaintiff and the Plaintiff’s successor)

2. Determination

A. As to the Plaintiff’s claim, the Plaintiff’s loan claim against the Intervenor succeeding to the Plaintiff on December 8, 2017, in which the lawsuit of this case is pending.