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1. The Defendant shall pay to the Plaintiff KRW 57,841,318 and KRW 48,687,00 among the costs, from August 21, 2015 to the date of full payment.
Reasons
1. Basic facts
A. D through A, lent KRW 50 million to E, who is the Defendant’s father, KRW 2.5 million monthly interest, and on August 6, 2008, paid KRW 47.5 million after deducting KRW 2.5 million from the prior interest (hereinafter “instant loan”). The Defendant jointly guaranteed the aforementioned debt.
B. A paid KRW 52,100,000 to D upon the repayment of the instant loan, and acquired the said loan claim from D on June 8, 2017.
C. On January 9, 2019, A filed a lawsuit claiming the acquisition of the instant loan claim against E (Seoul Western District Court 2017Da11905, hereinafter “Advance lawsuit”) on the ground that A acquired the instant loan claim, and sentenced on January 9, 2019, “E shall pay to A 48,687,000 won per annum from September 7, 2008 to July 14, 2014, and 25% per annum from the next day to the day of full payment.” The said judgment became final and conclusive.
A died on July 11, 2019, while the instant lawsuit was pending, and the Plaintiff succeeded to the instant loan claims independently.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant is liable to pay the Plaintiff, a joint and several surety for the instant loan obligation, interest or delay damages calculated at the rate of 48,687,00 won per annum from September 7, 2008 to July 14, 2014, and 25% per annum from the next day to the date of full payment.
3. Judgment on the defendant's assertion
A. Defendant’s assertion 1) The instant loan claim is a commercial claim jointly and severally guaranteed by the Defendant, a merchant, for the purpose of using it as construction funds, and the five-year extinctive prescription has expired prior to the filing of the preceding lawsuit. 2) The Defendant’s claim against A for the purchase price claim 106,042,648 won with respect to F and G, and 164,610,892 won in total, and KRW 270 million with respect to the return of unjust enrichment.