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(영문) 서울중앙지방법원 2018.01.24 2017가합7267

보증채무금

Text

1. The Defendants shall be jointly and severally liable to the Plaintiff for KRW 500,000,000 and KRW 448,000,000 among them.

Reasons

1. Facts of recognition;

A. On June 22, 2007, D Co., Ltd. (hereinafter “D”) borrowed KRW 448,00,000 from the Industrial Bank of Korea and D Co., Ltd., and entered into a credit transaction agreement (hereinafter “the credit transaction agreement of this case”) with the content that the lending amount should be followed by the agreement between the parties.

According to the credit transaction agreement of this case, when D delays interest, installment payments, etc., D is liable to pay the credit amount as soon as possible (Article 1) and D is liable to pay damages for delay at the interest rate determined by the Industrial Bank of Korea if D fails to pay its debts (Article 1).

(Article 3). (b)

On June 22, 2007, the Defendants concluded a collateral guarantee agreement with the Industrial Bank of Korea, and with respect to the Defendants’ obligations owed by D to the Industrial Bank of Korea under the instant credit transaction agreement, within the limit of KRW 537,60,000, respectively.

(hereinafter referred to as “each of the instant collateral security agreements”) C.

The Industrial Bank of Korea transferred the principal and interest of loan (hereinafter “the principal and interest of loan of this case”) to a limited liability company specializing in securitization. On May 12, 2011, the limited liability company specializing in securitization transferred the principal and interest of this case to the Yonhap Asset Management Co., Ltd., and on June 17, 201, the Yonhap Asset Management Co., Ltd transferred the principal and interest of this case to the Plaintiff.

On June 17, 201, a limited liability company specializing in securitization registered a plan for asset transfer to the Financial Supervisory Service in accordance with Article 3 of the Asset-Backed Securitization Act.

On June 20, 201, the limited liability company specializing in securitization notified D of the assignment of the above assignment of claims through content-certified mail, and the above notification was delivered around that time, and July 8, 201.