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1. The Defendants jointly and severally pay to the Plaintiff KRW 72,63,790 as well as KRW 27,022,129 as to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 and 2, or the parties to the dispute:
1) Samsung Card Co., Ltd. (hereinafter “Tsung Card”)
Around February 19, 2004, a loan is made on condition that Defendant A receive installment payments of KRW 2703,030,000 to Defendant A for 72 months after a 24-month grace period (hereinafter “three-month lending”).
(2) On September 13, 2002, Defendant B guaranteed Defendant A’s debt to Defendant Samsung Card on the same day. (3) The Kimhae Agricultural Cooperative (hereinafter “Gimhae Agricultural Cooperative”) established on September 13, 2002 the due date for payment of KRW 3 million on September 13, 2003 and extended a loan (hereinafter “Gimhae Agricultural Cooperative loan”).
3) On June 28, 2013, Samsung Card and Kimhae Agricultural Co., Ltd. transferred each of the above loans to Defendant A and notified the above Defendant thereof on or around March 31, 2014. (4) The total amount of the principal and interest of Samsung Card loans as of March 14, 2014 is KRW 72,63,790 ( principal amount, KRW 27,022, KRW 129, KRW 45,61,661). The total amount of the principal and interest of the loans to the Kimhae Agricultural Co., Ltd. is KRW 4,147,494 (principal principal amount, KRW 3,073, KRW 780, interest or overdue interest amount, KRW 1,073,714). The overdue interest rate after March 15, 2014 for each of the above loans is KRW 17% per annum.
B. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay the principal and interest of Samsung Card to the Plaintiff, and Defendant A is jointly and severally obligated to pay the principal and interest of Samsung Sea Agricultural Cooperative.
2. The defendants' assertion that the statute of limitations has expired since the lapse of 10 years from the date of each loan, all of the claims for the above loans of Samsung Card and Kimhae Agricultural Cooperatives.
First of all, with respect to whether the claim for Samsung Card Loans has expired, a health bond and a claim with the final and conclusive period has arrived at the starting point of the extinctive prescription.