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1. The defendant shall pay to the plaintiff KRW 77,451,194 and KRW 50,000 among them to the day of full payment.
Reasons
1. Basic facts
A. On March 16, 2012, the Small and Medium Business Corporation set a loan of KRW 200 million at the interest rate of 3.89% per annum, 12% per annum, 12% per annum, and the loan period from March 20, 2012 to March 19, 2015. The non-party company paid the said loan for one year, and agreed to repay it in equal installments on each repayment date every three months in accordance with the repayment date table.
(hereinafter referred to as the “instant claim”) b.
On the same day, the defendant jointly and severally guaranteed the debt of the non-party company's above loans to the Small and Medium Business Corporation with the limit of KRW 240 million.
C. Around June 2014, Nonparty Company requested the Small and Medium Business Corporation to adjust the amount of equal repayment of the instant claim. From June 19, 2014 to March 19, 2015, the Small and Medium Business Corporation changed the amount of KRW 25 million to pay KRW 25 million each every three months from September 19, 2014; KRW 25 million on December 19, 2014; KRW 5 million on March 19, 2015; and KRW 5 million on March 19, 2015.
On December 14, 2018, the Small and Medium Business Corporation transferred the instant claim to Nonparty Company and Defendant to the Plaintiff, and notified Nonparty Company and Defendant of the transfer by content-certified mail on February 7, 2019.
E. As of October 4, 2019, the instant claim remains in KRW 50,00,000, interest and overdue interest rate of KRW 27,451,194.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the instant claim the total amount of KRW 77,451,194 (i.e., the principal of the loan principal amounting to KRW 50,00,000 and overdue interest amounting to KRW 27,451,194) and damages for delay calculated at the rate of 12% per annum from October 5, 2019 to the date of full payment.
(b).