양수금
1. The Defendants are jointly and severally liable to the Plaintiff for a fee of KRW 299,00,000 and the period from October 13, 2009 to September 20, 2015.
1. 22% per annum of 5,000,000 won per annum on December 28, 2006, the interest rate on loans for repayment on the agreed date of the lending of basic facts, the interest rate for delay loan of general funds. < Amended by Presidential Decree No. 19005, Dec. 28, 2005>
A. On December 28, 2015, Defendant B Co., Ltd. (hereinafter “E”) loaned KRW 5 billion (hereinafter “instant loan”) to Defendant B Co., Ltd. (hereinafter “Defendant Company”) under the conditions as indicated in the following table, and the network D jointly and severally guaranteed the Defendant Company’s obligation of the instant loan up to 6.5 billion won.
B. On July 20, 2007, the Plaintiff acquired claims against the Defendant Company and the network D regarding the instant loan in accordance with the order of the Financial Services Commission to decide on the transfer of contracts.
C. The Plaintiff filed a lawsuit against the Defendant Company and the Network D seeking payment of the principal and interest of the instant loan as Seoul Central District Court 2010Kahap9370, and the said court rendered a judgment on April 16, 2010 that “The Defendant Company shall pay the Plaintiff the amount of KRW 8,262,05,171 and the amount of KRW 5,000,000,000 from October 13, 2009 to the day of full payment, and the network D shall jointly and severally pay the Plaintiff the amount of KRW 6,50,000,000 out of the said amount, which became final and conclusive around that time.”
The balance of the principal and interest of the instant loan is KRW 15,271,480,239 as of January 6, 2020 (i.e., the principal and interest of KRW 4,453,953,267 at KRW 10,817,058,483 at KRW 468,489).
E. Meanwhile, the network D died on October 30, 2018. At the time of the death, Defendant C, F, and G as co-inheritors at the time of the death. Defendant C, F, and G were subject to each repair judgment on February 14, 2019, on January 24, 2019, as Defendant C and C, as Defendant C and F, and on January 14, 2019, as Defendant C were to have reported inheritance limited recognition, and on February 14, 2019.
F. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the principal and interest claim of the instant loan.
[Ground of recognition] For Defendant Company: Service by public notice (Article 208(3)3 of the Civil Procedure Act).