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1. The defendant shall be jointly and severally with B 125,00,000 won and 28% per annum from July 10, 2002 to the date of full payment.
Reasons
1. Basic facts
A. On September 18, 1997, the Hannam Credit Union loaned KRW 125,00,000 to the Defendant’s joint and several sureties B following the Defendant’s payment period on September 18, 1998; the interest rate of KRW 17% per annum; and the damages rate of KRW 22% per annum; however, the fluctuation rate set by the Non-Party Credit Union shall be applied.
B. On October 10, 1998, the Korea Deposit Insurance Corporation went bankrupt, and on August 5, 2003, the bankruptcy trustee transferred the above principal and interest of loan to the Plaintiff (the Korea Deposit Insurance Corporation prior to the change), and notified the Defendant of the above transfer on September 22, 2003.
C. On September 2, 2004, the Plaintiff filed a lawsuit against the Defendant, a primary debtor B and a joint guarantor, seeking the payment of the above principal and interest amount of loan, and was sentenced to the judgment on September 2, 2004 that “the Defendant jointly and severally paid to the Plaintiff the amount of KRW 125 million and the amount of KRW 28% per annum from July 10, 2002 to the date of full payment.” The above judgment was finalized on October 15, 2004.
(G) Daegu District Court 2003Kadan146457). D.
The Plaintiff filed the instant lawsuit to discontinue extinctive prescription of the principal and interest claim.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including virtual number), the purport of the whole pleadings
2. According to the above facts, the defendant is jointly and severally liable with B as the principal debtor to pay the agreed damages for delay calculated at the rate of 125,000,000 won and 28% per annum from July 10, 2002 to the date of full payment.
(On the other hand, the adjudication of bankruptcy and the decision to grant immunity to the defendant representative liquidator C cannot affect the plaintiff's claim of this case against the defendant). 3. If the claim of this case is reasonable, all of the claims of this case shall be accepted, and it is so decided as per Disposition.