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1. The Defendants jointly and severally against the Plaintiff KRW 85,911,849 as well as KRW 81,110,858 as to the Defendant B.
Reasons
1. Facts of recognition;
A. On Nov. 20, 2017, Defendant B entered into a loan agreement with D Co., Ltd. (hereinafter “D”) for the purchase of a new flag, and received a loan of KRW 210 million from D, and provided as security a mid-term machine purchased from the said loan.
B. Defendant C jointly and severally guaranteed the obligation, such as loans that Defendant C bears to Defendant C.
C. Defendant B acquired the E Period from the financial resources of the above loans, etc. (hereinafter “instant period”), and completed the transfer of ownership on November 24, 2017, and provided the said period as security D.
From March 2019, Defendant B defaulted with D’s obligation. D received a written request for bidding from Defendant B around May 2019, and sold KRW 115,00,000, which is a collateral, to repay the principal and interest of the loan. As a result, Defendant B left 81,110,858 won with the remaining principal and interest of the loan as of May 31, 2019.
E. On June 17, 2019, D notified Defendant C of the result of the public auction on the instant climate and the remaining principal of the loan, with a content certification of demanding prompt reimbursement of KRW 81,110,858.
F. On April 2, 2019, the Plaintiff acquired the obligation of the instant loan from D, and delegated the authority to notify the assignment of claims from D, and notified the Defendant B of the fact of transfer on October 24, 2019.
G. As a result of the Plaintiff’s settlement of the principal and interest of a loan made on January 7, 2020, the total amount was KRW 85,911,849 (such as interest on loans of KRW 81,110,858, including interest on loans of KRW 4,800,991).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, barring any special circumstances, the defendants jointly and severally with the plaintiff about the total amount of the loan remaining 85,911,849 won and KRW 81,110,858, which is the principal of the loan, 858 won, and the above defendant B with the payment order as to the defendant B.