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1. The Defendants jointly and severally pay to the Plaintiff KRW 115,740,82, and KRW 30,000,000 among them, from January 20, 2018.
Reasons
1. Determination as to the cause of claim
A. In fact 1) Hyundai Capital Co., Ltd.: (a) around June 19, 2002, the rate of KRW 16,800,000 per annum to Defendant A; (b) 7.75% per annum to the overdue interest rate; (c) 24% per annum to the overdue interest rate; and (d) on June 20, 2004 to the maturity, the loan (hereinafter “on-site loan”).
(2) Around October 24, 2003, Defendant A received a loan (hereinafter “foreign card loan”) with an interest rate of KRW 30,000,000 per annum 19% per annum and 29% per annum from Defendant A’s debt on November 30, 2012, and Defendant B jointly and severally guaranteed Defendant A’s debt.
3) On March 17, 2004, Korea Exchange Bank merged with Korea Exchange Card Co., Ltd., and on October 31, 2005, the said bank transferred foreign exchange card loans to Korea Social Co., Ltd., Ltd., and notified the Defendant A of the above assignment of claims. 4) The Korea Exchange Bank transferred foreign exchange card loans to Ethys Loan Co., Ltd. on July 31, 2012. The said company transferred the above claims to the Plaintiff around July 31, 2012, and the Plaintiff delegated the authority to notify the assignment of claims notified to Defendant A of the above assignment of claims on May 3, 2018.
5) The principal amount of the foreign exchange card loans extended until January 19, 2018 is KRW 30,00,000, overdue interest, etc. is KRW 85,740,82; the principal amount of the loan extended by Hyundai Capital is KRW 10,665,586; overdue interest is KRW 27,524,808. [Grounds for recognition] There is no dispute; Party A-1 through 4,7 through 10 (including serial numbers); and the purport of the whole pleadings and arguments.
B. According to the above facts of determination, the Defendants are obligated to pay the Plaintiff the money stated in the claims.
2. Judgment on the defendants' assertion
A. Defendant B asserted that Defendant A did not stand joint and several surety for Defendant A’s foreign exchange card loans, and Defendant A has a claim for foreign exchange card loans.