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1. The defendants (appointed parties) and the appointed parties in excess of the money ordered to be paid below among the judgments of the first instance court.
Reasons
1. Facts of recognition;
A. On October 4, 1996, the Chuncheon Central Saemaul Bank extended a loan (hereinafter “instant loan”) with the amount of KRW 20 million interest rate of KRW 14.5% per annum, the overdue interest rate of KRW 22% per annum, and the due date of payment on October 3, 1998 (hereinafter “instant loan”). Upon the delay in the payment of the principal and interest of the instant loan, the Defendant (Appointed Party) was issued a provisional attachment order on the real estate (hereinafter “instant provisional attachment”) with the Docheon-si District Court 99Kadan6829 Decided September 17, 1999, the amount of the principal and interest of the instant loan was overdue.
B. Meanwhile, in the case of the instant loan ( principal amounting to KRW 20 million and damages for delay calculated at the rate of 22% per annum from January 4, 1998 to the date of full payment) and other loans (the principal amounting to KRW 41 million and damages for delay calculated at the rate of 22% per annum from December 3, 1997 to the date of full payment) from the Chuncheon District Court HH Real Estate Auction (hereinafter “Voluntary Auction”) against the appointed real estate owned by the Chuncheon District Court in the amount of the instant loan and other loans (the interest on the claim amounting to KRW 13,44,917 as of the date of the said dividend amount was distributed to KRW 49,314,187, Feb. 25, 199.
C. The instant loan claims were successively transferred to the Plaintiff through MMC Loan Co., Ltd., and the Defendants were notified of the fact of transfer. On the other hand, on October 24, 2002, the principal amount of the instant loan was KRW 19,945,575.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number), the fact-finding results, the whole purport of the pleadings [the defendant (Appointed Party), the Appointed Party B's joint and several sureties's loan of this case, and the contents of Gap evidence No. 1, Gap evidence Nos. 6 and 7, and the whole purport of pleadings are acknowledged];
2. The assertion and judgment
A. According to the above facts of recognition, the defendants are jointly and severally liable to the plaintiff.