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1. The Plaintiff:
A. As to KRW 106,934,59 and KRW 70,706,714 among them, Defendant A Co., Ltd. shall start from September 10, 2015.
Reasons
Attached Form
The facts in the cause of the claim do not conflict between the parties, or can be recognized in full view of the overall purport of the statements and arguments as stated in Gap evidence Nos. 1 through 7. Thus, the plaintiff who is the assignee of the loan claim of this case, and the defendant Gap corporation is obligated to pay the above money within the limit of 120,000,000 won and the above money within the limit of 120,000 won as agreed interest rate per annum from September 10, 2015 to the date of full payment, as requested by the plaintiff, after the loan date, to the loan amount of KRW 106,934,59, and the loan principal of KRW 70,714.
The Defendants asserted to the effect that, as Defendant A Co., Ltd. actually operated, the notification of the assignment of claims to Defendant D is unlawful or Defendant D C (or the new representative director D) shall be liable for the instant loan claims. However, even if so, the assignment of claims was lawfully notified by the instant lawsuit, and Defendant D cannot be deemed to lose the status of joint and several sureties, and thus, the Defendants’ assertion is without merit.
In addition, Defendant A Co., Ltd. concluded the instant loan contract on April 1, 2009, and the instant lawsuit was filed five years after the extinctive prescription of commercial claims was expired, and thus, the instant loan contract was concluded on April 1, 2009, taking into account the overall purport of the entries and arguments stated in subparagraphs A and 7 above, the instant loan contract was concluded on April 1, 2009, and the repayment period was one year, the repayment period was the last two years, and the repayment period was the date on April 1, 2012; the Plaintiff notified the Defendant Co., Ltd of the loss of interest due to the overdue interest of Defendant Co., Ltd. on August 29, 201; the instant lawsuit was filed on September 30, 2015, which was five years before the expiration of the extinctive prescription period ( August 29, 2011).