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1. The plaintiff's claim is dismissed.
2. On the part of the Intervenor succeeding to the Plaintiff:
A. Defendant A Co., Ltd. is KRW 16,172,047,336 and KRW 16.
Reasons
1. Facts of recognition;
A. On November 13, 2008, Defendant A Co., Ltd. obtained a loan of KRW 8,000,000,000 from the Plaintiff until February 4, 2013 (hereinafter “instant loan”). Defendant B, C, D, and E were to obtain a loan with an overdue interest rate of KRW 25% per annum (hereinafter “instant loan”). Defendant B, C, D, and E within the limit of KRW 10,400,000 per annum, Defendant F, and G respectively within the limit of KRW 12,00,00,000 per annum.
B. On the other hand, around April 16, 2015, the Plaintiff transferred all the principal and interest of the instant loan to the Intervenor succeeding to the Plaintiff, and notified the Defendant A of this on or around April 28, 2015. The notice of assignment of the said credit reached Defendant A corporation around that time.
C. Meanwhile, as of January 21, 2015, the balance of the principal and interest of loans as of January 21, 2015 is KRW 16,172,047,336 (principal KRW 8,00,000,00, interest KRW 3,245,779,646, overdue interest, overdue interest KRW 4,926,267,690).
【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 3-5, and the purport of whole pleadings】
2. Around April 16, 2015, when the Plaintiff’s judgment on the Plaintiff’s claim is pending, the Plaintiff transferred all of the principal and interest of the instant loan to the Intervenor succeeding to the Plaintiff, and notified the Defendant A of this fact. As seen earlier, the Plaintiff lost its claim for the principal and interest of the instant loan as the assignment of the said claim, the Plaintiff’s claim is without merit
(3) Around January 14, 2016, the Plaintiff is obligated to pay damages for delay calculated at the rate of 25% per annum, which is the overdue interest rate of 16,172,047,336 won, and the principal of the loan, from January 22, 2015 to the full payment date, to the Plaintiff’s succeeding intervenor as to the claim of the Plaintiff’s succeeding intervenor. According to the above findings of recognition as to the claim of the Plaintiff’s succeeding intervenor, Defendant A is obligated to pay to the Plaintiff’s succeeding intervenor damages for delay calculated at the rate of 16,172,047,336 won, which is the sum of the principal and interest of the loan of this case, and from January 22, 2015 to the full payment date. Defendant B, C, D, and E, respectively.