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1. The Defendant’s KRW 59,480,441 as well as the Plaintiff’s annual rate of 5% from February 4, 2015 to October 23, 2015.
Reasons
1. Facts of recognition;
A. On September 8, 1997, the Korea Mutual Savings and Finance Company (hereinafter “Non-Party Mutual Savings and Finance Company”) concluded a monetary loan agreement with the Non-Party Mutual Savings and Finance Company B (hereinafter “B”) at interest rate of KRW 17.5% per annum, interest rate of KRW 460,000,000 per annum, interest rate of KRW 28% per annum, interest rate of delay delay, and interest rate of September 8, 2002 (hereinafter “instant loan”). C, D, and E jointly and severally guaranteed the debt to the Non-Party Mutual Savings and Finance Company B.
B, C, D, and E were jointly issued and delivered to the non-party credit cooperative on the same day on September 6, 1999 and jointly issued a promissory note with face value of KRW 450,000,000 at each time of payment at the place of payment at the place of issue.
B. The non-party credit cooperative filed a lawsuit against C, D, and E on March 23, 200 as to the claim for the payment of the bill under the Incheon District Court's 200Kadan4588 on March 23, 200. The above court held on May 25, 200 that the non-party credit cooperative shall jointly pay 450 million won to the non-party credit cooperative and 6% per annum from September 7, 199 to April 15, 200 and 25% per annum from April 16, 200 to the day of full payment (hereinafter "the judgment of this case"). The above judgment was finalized on June 29, 200.
C. On December 4, 2001, the non-party credit cooperative went bankrupt, and the Korea Deposit Insurance Corporation, the bankruptcy trustee, transferred the principal and interest on the instant loan to the plaintiff on September 10, 2004 according to the asset transfer contract entered into with the plaintiff (it was changed from the Korea Deposit Insurance Corporation to the current trade name on November 10, 2009). The non-party credit cooperative notified the transfer to B and D on October 26, 2004.
At the time of September 10, 2004, the remaining principal of the instant loan was KRW 267,282,901, and the final delay damages were KRW 429,995,435.
On the other hand, the defendant registered several real estate including the real estate in the attached list Nos. 6, 7, 8, 9, 10, and 11 as joint collateral and received No. 41501 on August 11, 1998.