Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination on the cause of the claim
(a) The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 10, with a comprehensive view to the whole purport of the pleadings:
1) The National Bank Co., Ltd. (hereinafter “National Bank”)
) B extended KRW 6,00,000,000 in total, each of 3,000,000,000 each, on two occasions with a national love loan to persons who have rendered distinguished services to the State (hereinafter collectively referred to as “each of the instant loans”) as follows:
(2) At the time of each of the instant loans, the Defendant jointly and severally guaranteed all the obligations under each of the instant loans (the principal of the loan, interest thereon, damages for delay, and other incidental obligations) to the National Bank. On December 13, 201, the Defendant agreed to manage each of the instant loans in accordance with the Act on Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons of Distinguished Services to the State”), and the Plaintiff’s right to each of the instant loans in accordance with each of the instant loans, where the Defendant fails to repay the principal and interest of each of the instant loans to the National Bank for at least six months, on February 24, 2012, at the rate of 3,000,000 per annum 3,000 per annum 13,000 per annum and 9% per annum 3,000 per annum of principal and interest per annum of principal and interest per annum 2,000 per annum 3,000 per annum, respectively.
3) However, as the B died on October 25, 2012 and delayed repayment of the principal and interest of each of the instant loans for more than six months, the National Bank transferred each of the instant loans to the Plaintiff on September 1, 2013. On August 1, 2016, the remaining amount of each of the instant loans as of August 1, 2016 is KRW 4,897,190 (i.e., the remaining amount of each of the instant loans of KRW 4,432,690 (i.e., the total amount of interest and delay damages on each of the instant loans of KRW 464,50). Meanwhile, the Plaintiff is a person who rendered distinguished services to the State.