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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 455,103,763 as well as KRW 101,528,243 as to the Plaintiff’s KRW 455,103,763 as from October 24, 2014 to March 2015.
Reasons
1. Facts of recognition;
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed each of the loans at the interest rate of 25% per annum (21% per annum from October 21, 1998, and from March 4, 1999 to 19% per annum from Bochi Bank Co., Ltd.) on February 12, 198, the amount of KRW 45,78,444 on February 23, 1998, and KRW 25,283,810 on March 23, 1998. Defendant B and C jointly guaranteed their debt obligations to Bochi Bank Co., Ltd.
(However, the defendant C set the guarantee limit amount at US$ 260,000.
After September 29, 1998, Bochi Bank Co., Ltd. transferred all the claims for the above loans to the Plaintiff, and around that time, notified the Defendants of the transfer.
C. As the Defendants did not repay the above loans, the Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court Decision 2004Gahap31567, and was sentenced to a favorable judgment on March 18, 2005 that "The Plaintiff, Defendant A, and B jointly and severally, KRW 265,006,012, and KRW 110,720,162 among them, and KRW 19% per annum from March 16, 2004 to February 9, 2005, and KRW 20% per annum from the next day to the day of full payment, and Defendant C jointly and severally with the above Defendants to pay USD 260,00 among the above amounts." The above judgment became final and conclusive as is April 19, 205.
The sum of the principal amount at the time of October 23, 2014 is KRW 101,528,243 in total, and interest KRW 353,575,520 in total (i.e., KRW 101,528,243 in total) is KRW 455,103,763 in total (i.e., KRW 101,528,575,520 in total).
[Ground of Recognition] Defendant A: A without dispute, entry of evidence Nos. 1 and 2, the purport of the whole pleadings, Defendant B and C: Service by public notice (Articles 208(3)3 and 194 through 196 of the Civil Procedure Act)
2. According to the facts acknowledged by paragraph (1) of the determination as to the cause of the claim, the Defendants jointly and severally paid the Plaintiff the outstanding principal and interest of KRW 455,103,763 as well as KRW 101,528,243 as to the Plaintiff.