양수금
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. Determination as to the cause of claim
A. The facts acknowledged (1) The Korea Exchange Bank, a financial institution, (in the case of a stock company from the following, the portion of the corporation’s name is not stated separately) concluded a credit transaction agreement with Defendant A, a stock company with the purpose of real estate development business, etc. on May 14, 2008 with “15 million won,00,000,000 won,” and loaned KRW 15 million to Defendant A as of December 31, 2008 (hereinafter “the instant loan agreement”).
(2) Around that time, Defendant B and C jointly guaranteed the Defendant A’s obligation to a foreign exchange bank under the instant loan agreement by stipulating that the limit on the extension of the loans was “19,50,000,000 won” (hereinafter “instant loan agreement”). (3) Under the instant loan agreement, Defendant A shall pay damages for delay pursuant to the interest rate as determined by the Korea Exchange Bank in the event that the Defendant A would delay the repayment of the principal and interest of the loans and thereby lose the benefit of time. (4) The repayment period of the instant loan agreement was finally extended to September 30, 2010, but the Defendant A lost the interest payment of the loans and lost the benefit of June 18, 2010.
(5) On November 23, 2010, Korea Exchange Bank transferred to us all of the claims against Defendant A (14,49,826,999 won in the balance as of September 14, 2010) under the instant loan agreement (hereinafter “Korea Exchange Bank”) for a limited company specializing in the 8th securitization (hereinafter “Korea”).
On November 24, 2010, the Korea Exchange Bank sent a content-certified mail containing the contents of notifying the assignment of claims to Defendant A, and Defendant A received it around that time.
(6) On February 16, 2012, us transferred all of the claims against Defendant A under the instant loan agreement to Hyundai Switzerland 2 Savings Bank [the principal amount of KRW 3,040,659,738 KRW 246,918,231].
On April 18, 2012, us inform the assignment of claims.