양수금
The Defendants jointly and severally liable to the Plaintiff KRW 700,000,000 and the Defendant Limited Liability Company A from December 6, 2016.
In fact, on July 22, 201, the Defendant Limited Liability Company A (hereinafter “Defendant Company”) entered into a credit transaction agreement with the Han Bank Co., Ltd. (hereinafter “I Bank”) under which the interest rate of KRW 2,00,000,000 was changed rate and the due date was due, July 22, 2012 when the overdue interest rate is less than three months, and at least 17% per annum when the overdue interest rate is less than three months, and at least 19% per annum when the overdue interest rate is more than three months (hereinafter “the instant credit transaction agreement”).
Defendant B, C, and D (hereinafter “Defendant Joint and Several sureties”) jointly and severally guaranteed the Defendant Company’s obligation of loans under the instant credit transaction agreement.
On May 29, 2013, the Han Bank transferred the claims for loans under the instant credit transaction agreement to the Plaintiff in accordance with the assets acquisition agreement entered into with the Joint Asset Management Co., Ltd. and the asset acquisition agreement entered into with the Plaintiff on June 27, 2013, and notified the Defendant Company of the transfer of claims on June 28, 2013 and July 1, 2013, and each of the above notifications was served on the Defendant Company.
A claim for loans under the instant credit transaction agreement was in the remaining condition of KRW 3,200,307,94 in total, with interest of KRW 1,959,951,474 in total, and KRW 1,240,656,520 in total, as of October 27, 2016.
On October 27, 2016, the Plaintiff, as an applicant creditor and a mortgagee, received dividends of KRW 2,221,161,282 in the course of a voluntary auction for real estate owned by the Defendant Company, which was proceeding with the Gwangju District Court Gwangju District Court, and appropriated the loan claims under the instant credit transaction agreement for the repayment of the loan claims. Accordingly, the above loan claims were principal KRW 979,446,712 [the principal amount = KRW 1,959,951,474 [the principal amount + KRW 2,221,161,282 - interest KRW 1,240,656,520].
[Based on the recognition of the defendant limited liability company A: The defendants are jointly and severally liable according to the fact that there is no dispute over defendant B, C, and D (Article 150 (3) and (1) of the Civil Procedure Act), Gap's entries in the evidence Nos. 1 through 7, 9, and 10, and the grounds for the claim of the whole pleadings.