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1. The Plaintiff:
A. Defendant A shall have full payment of KRW 45,130,320 and KRW 33,059,469 among them from April 25, 2009.
Reasons
1. Facts of recognition;
A. 1) On November 20, 2002, Defendant A borrowed KRW 15,00,000 from the Kanyang Credit Cooperative on November 20, 2002 at the maturity of payment on November 20, 2007, at the interest rate of 11.9% per annum, and at the delay compensation rate of 19% per annum; Defendant B guaranteed Defendant A’s obligation under the above loan; 2) on April 24, 2009, the principal and interest of the above loan was KRW 19,83,053 (= interest rate of KRW 15,00,000 for the loan principal amount of KRW 4,55,000 for interest rate of KRW 15,00 for the loan principal, KRW 327,980 for the legal procedure expenses of KRW 327,980).
B.1) On March 23, 2004, Defendant A borrowed 20,000,000 won from the Hanyang Credit Cooperative on March 23, 2007 at the maturity of 11.9% per annum, and 19% per annum, respectively. (2) The principal and interest of the above loan as of April 24, 2009 was 25,247,249 won (i.e., the principal and interest of 18,059,469 won interest of 18,187,780 won interest per annum).
C. On January 18, 201, the Plaintiff merged the Fayang Credit Union to take over the rights and obligations of the Fayang Credit Union by absorbing it.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, Defendant A is obligated to pay the total amount of KRW 45,130,302 (=19,83,053,247,249) and the total amount of principal of the loans (=15,000,000 won KRW 18,059,469), and Defendant A is jointly and severally liable with Defendant A to pay damages for delay calculated at the rate of KRW 19% per annum from April 25, 2009 to the date of full payment, barring any special circumstance.
3. Determination as to Defendant B’s assertion
A. Defendant A, the principal obligor of the allegation, as the main obligor, is the same as the above 1. A.
The Defendant B’s claim against the Defendant is without merit, inasmuch as it is known that the obligation related to the instant loan (hereinafter “instant loan”) was fully repaid, and the instant loan obligation became extinct upon the completion of the extinctive prescription of the commercial company.
B. First of all, as to the claim on the repayment of the loan obligation, Defendant A, the principal debtor, was examined.