보증채무금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from April 15, 2017 to the date of full payment.
1. Occurrence of loans, refund claims and joint and several guarantee claims;
A. Fact 1) Defendant A is the National Agricultural Cooperative Federation on June 4, 2009 (hereinafter “CF”)
1) The loan was made on June 4, 2010 at the due date for reimbursement of KRW 1.5 billion and at the rate of 15% per annum, and the loan was made (hereinafter “instant loan agreement”).
(2) Defendant Han-do Development Co., Ltd. (hereinafter “Defendant Han-do Development”)
2) On August 19, 2010, Nonghyup Co., Ltd. jointly and severally guaranteed the obligation to repay the above loans to Defendant ACF. (hereinafter “CF”) on the same day, and on August 19, 2010, the AFF transferred several claims, including the obligation to repay loans to Defendant A, to the AFF to the AFF, and the AFF entered into an asset-backed securitization agreement with the AFF to carry out the asset-backed securitization procedure under the Asset-Backed Securitization Act (hereinafter “CF”) with respect to the said claims. On September 16, 2010, the Plaintiff, a special purpose company, under Article 2 subparag. 5 of the Asset-Backed Securitization Act, acquired all the rights and obligations of the AFFF under the said agreement.
3) On October 5, 2010, the Plaintiff publicly announced the fact that the Plaintiff received a claim for the return of loans from the agricultural cooperative to the Defendant A through the media. 4) Defendant A did not properly perform its obligation to pay interest, etc. under the instant loan agreement. Accordingly, as of May 14, 2012, the Plaintiff’s interest was lost due to the lapse of the period, and thus, the total amount of principal and interest of KRW 1,53,249,052 [the sum of principal and interest of KRW 883,612,385 won from May 22, 2012 to April 14, 2017] was caused by the total damages for delay from May 22, 2012 to April 14, 2017 (the principal x 1,789 days x 15%).
[Reasons for Recognition] Defendant A: A without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if a branch number is available), defendant Han-jin Development with the purport of the whole pleadings: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act)
B. The above facts of recognition are examined.