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1. The Defendant shall pay to the Plaintiff KRW 40,361,548 as well as KRW 22,484,460 as to the Plaintiff from November 18, 2015.
Reasons
1. Facts of recognition;
A. On May 18, 2012, Swiss Savings Bank Co., Ltd. loaned a loan of KRW 70 million at the interest rate of KRW 27.375% per annum and the due date of repayment on January 8, 2014.
(hereinafter “instant loan”). On the other hand, the Defendant guaranteed the instant loan obligation on May 18, 2012.
B. On October 30, 2013, Smaman Savings Bank Co., Ltd. transferred the instant loan claim to the Ors Savings Bank under the Act on the Structural Improvement of the Financial Industry, and publicly announced the assignment of the claim.
C. On August 10, 2015, the Character Savings Bank Co., Ltd. transferred the instant loans to the Plaintiff, and notified the Defendant thereof.
On the other hand, the principal and interest of this case as of September 2, 2015 is KRW 40,361,548 (=principal 22,484,460 + unpaid interest, etc. + KRW 17,87,088).
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2 (the same as Gap evidence 2) of No. 1-2 (the same as the defendant's evidence No. 2). The defendant asserts that the defendant's seal affixed to the fact guarantee certificate is forged, but according to the result of appraiser C's appraisal of the appraiser C's seal, it can be recognized that the defendant's seal affixed to the fact guarantee certificate is the defendant's seal, and there is no evidence to prove that the authenticity of the guarantee certificate is presumed and that the other certificate was forged, the defendant'
2. According to the above facts of determination, the Defendant, a joint and several surety of the instant loan, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 18, 2015 to the date of full payment, which is the following day after the service of the original copy of the instant payment order, to the Plaintiff as to the principal and interest of the loan of KRW 40,361,548, and the principal of the loan of KRW 22,484,460.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.