양수금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 as well as the interest rate from April 19, 2019 to the day of full payment.
1. Facts of recognition;
A. On December 12, 2006, the E Association (hereinafter “E”) extended loans to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at KRW 4,300,000 on December 12, 2009 with the maturity of the instant loans at KRW 4,30,000,000. Defendant C and D guaranteed the said loans to the extent of KRW 4,30,000,000, respectively.
B. On April 6, 2009, in order to seek the performance of the above loans and the joint and several liability obligations, E issued a payment order to the Defendants on April 6, 2009, stating that “the Defendants jointly and severally pay to E the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to E, and the above payment order was finalized on May 13, 2009.”
Quantity of Goods
C. In order to secure the instant loan claim, E was granted a registration of the establishment of a neighboring mortgage on the real estate owned by the Defendant Company at the time of the loan, and upon filing an application for voluntary auction with the Daegu District Court Port SupportF, G, H (combined), and I (Dupl) on April 26, 201, and received dividends in KRW 6,57,986,137.
Of the above dividends, KRW 4,475,762,697 was appropriated for the repayment of Defendant C’s loan obligation on April 6, 2007 to Defendant C, and the remainder of KRW 2,102,223,440 was appropriated for the repayment of principal out of the instant loan obligation.
In addition, the loan debt of this case at the time of the above auction procedure was appropriated for the repayment of principal out of the loan debt of this case, as E raised an objection against other dividends creditors, KRW 3,100,474,036, and KRW 1,199,525,964, interest rate 2,303,037,774, respectively.
E on July 29, 2016, transferred to the Plaintiff the claim for the instant loan to the Defendants, and notified the Defendants of the transfer of the said claim on May 15, 2019.
E. From April 30, 2018, the overdue interest rate on the above loan obligations was changed from April 30, 2018 to 9.1% per annum.
F. As of April 18, 2019, the Plaintiff owned against the Defendant.