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1.The judgment of the first instance shall be modified as follows:
Defendant A shall pay to the Plaintiff KRW 31,682,070 and KRW 9,079,250 among them.
Reasons
Basic Facts
On March 9, 2002, Defendant A received a loan of KRW 20,000,000 (hereinafter “the instant loan”). Defendant B and C jointly guaranteed the above loan obligations by setting the basic interest rate of 10.4% per annum, the overdue interest rate of 18% per annum, and the due date of repayment of 20,000 won on March 9, 204.
Defendant A paid interest on the instant loan only up to September 2003, and thereafter, did not pay the interest. However, on March 26, 2004, Defendant A transferred the claim for the instant loan to the Plaintiff.
Afterward, Defendant A’s exemption from interest on July 14, 2009 to pay in installments interest on the instant loans to the Plaintiff who received the instant loans on July 14, 2009.
Then, a written statement was prepared and delivered to the Plaintiff on December 16, 2009, and the Plaintiff paid KRW 9,500,000,000,000 on October 19, 2010, and KRW 1,000,000 on November 15, 2010, and KRW 1,50,000 on December 6, 2010.
On the other hand, on November 9, 2015, D Saemaul Fund notified the Defendants of the transfer of the instant loan claim to the Plaintiff by content-certified mail.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, Eul evidence Nos. 2 and Eul evidence Nos. 2 (including additional number), and according to the above facts of determination as to the plaintiff's ground of claim, the defendants are jointly and severally liable to pay to the plaintiff 9,500,000 won paid by the defendant A for appropriation of the principal and interest of the loan of this case and delay damages to the principal, unless there are special circumstances.
However, as of December 6, 2010, the Plaintiff first appropriated the principal and interest of the instant loan amounting to KRW 9,50,000,000, which was repaid by the Defendant A, and thereby, as of December 6, 2010, the principal and interest of the instant loan amounting to KRW 9,079,250, interest and delay damages amounting to KRW 22,782,82,820.
Therefore, the Defendants are jointly and severally liable to the Plaintiff for the principal and interest of the instant loan 31,682.