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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,981,831 and KRW 20,969,862 from August 13, 2014.
Reasons
1. Basic facts
A. On October 12, 1995, Samsung Life Insurance Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd”) granted a loan with the joint and several surety of Defendant B, setting the maturity of KRW 60 million on October 11, 2005, at the agreed interest rate of KRW 14% per annum (hereinafter referred to as the “instant loan”).
B. On June 21, 2013, the Plaintiff received the claim for the principal and interest of the loan of this case from the non-party company, and received the delegation of the authority to notify the assignment of the claim, and notified the Defendants of the assignment of the claim, and each of the above notification of assignment of claim reached the Defendants around that time
C. As of August 12, 2014, the above claim is KRW 45,981,831 (i.e., the loan principal of KRW 20,969,862, interest on KRW 20,724,351, interest on delay delay damages of KRW 4,287,61), and the agreed overdue interest rate is 17% per annum.
[Grounds for Recognition: Evidence No. 1 to 4, the purport of the whole pleadings]
2. According to the above facts, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiff 45,981,831 won of the above principal and interest of loan and 20,969,862 won of the loan principal and interest of the Plaintiff at the rate of 17% of the agreed overdue interest rate from August 13, 2014 to the date of full payment, which is the day following the base date for calculating the above principal and interest of loan.
3. Defendant B’s defense defense defenses that the statute of limitations has expired, and in full view of the purport of Defendant B’s evidence No. 5 as to the above principal and interest interest claim, Defendant B’s claim against the Defendants of the non-party company, including loans, etc. as Seoul Central District Court Decision 2014Da214341, Nov. 2, 2004; thus, it can be acknowledged that the judgment in favor of the Defendants was rendered on Nov. 2, 2004; thus, the statute of limitations has been interrupted for the above principal and interest claim.
In addition, Article 165 (1) of the Civil Code provides that the period of extinctive prescription shall be ten years even in the case of short-term extinctive prescription of a claim established by a judgment.