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1. The Plaintiff:
A. As to Defendant A’s KRW 33,701,472 and KRW 19,327,474 among them:
B. Defendant B is Defendant A.
Reasons
1. Determination as to the cause of claim
A. 1) On December 26, 2001, the National Agricultural Cooperative of North Korea established the repayment period of KRW 15,000,000 to Defendant A on December 31, 2002, interest rate of KRW 13% per annum, and damages for delay at KRW 19% per annum (hereinafter “the instant loan”).
(2) On February 19, 2003, Defendant A borrowed KRW 4,700,00 from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), Defendant A entered into an insurance contract for small loan guarantee on the basis of the insured case, the insurance amount of KRW 5,170,000, the insurance amount of KRW 5,170,000, and the insurance period from February 19, 2003 to February 18, 2004. Defendant B jointly and severally guaranteed the liability for indemnity that Defendant A bears against the Seoul Guarantee Insurance (hereinafter “the indemnity amount”).
3) As Defendant A did not pay interest on small-amount loans and caused a guarantee accident, Defendant A filed a claim for the payment of the insurance proceeds to Seoul Guarantee Insurance. Seoul Guarantee Insurance paid KRW 5,106,374 with the insurance proceeds under the said microcredit guarantee contract on September 3, 2003. 4) Seoul Guarantee Insurance filed a claim for reimbursement against Defendant A and B by the Gwangju District Court Decision 2003Gapo21628, Dec. 23, 2003, the judgment below became final and conclusive on December 23, 2003, “The Defendant jointly and severally provided the Seoul Guarantee Insurance with KRW 5,106,374 and the interest thereon at the rate of KRW 19% per annum from September 4, 2003 to December 12, 2003 and KRW 20% per annum from the next day to the date of full payment.”
5. On June 28, 2013, the National Agricultural Cooperative of North Korea transferred the instant loan claim to the Plaintiff, and the Seoul Guarantee Insurance transferred the instant indemnity claim to the Plaintiff on the same day. The Plaintiff was delegated by the National Agricultural Cooperative of North Korea and the Seoul Guarantee Insurance to the Defendant A with the authority to notify the assignment of claims from the former National Agricultural Cooperative of North Korea and the Seoul Guarantee Insurance and delegated the authority to notify the assignment of claims.