A. On February 8, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) obtained a loan of KRW 200,000,000 from D (hereinafter “D”) on February 8, 2015 (hereinafter “instant loan”). Defendant C jointly and severally guaranteed the Defendant Company’s debt amounting to KRW 240,000,000 (hereinafter “joint and several guarantee agreement”).

B. D transferred the instant loan claims to E Co., Ltd. on December 2, 2014, and E Co., Ltd transferred the instant loan claims to F Co., Ltd. (hereinafter “F”) on December 29, 2014.

(c)

Pursuant to Article 7 of the Asset-Backed Securitization Act, F notified the Defendant Company of the transfer of claims on December 30, 2014 and on the 31st of the same month. On January 15, 2015 and the 16th of the same month, F publicly announced the fact of the transfer of the said claims in two or more daily newspapers with the Defendants’ domicile as an area to be supplied.

(d)

On May 24, 2019, F transferred the instant loan claims to the Plaintiff, and notified the Defendant Company of the transfer of claims on June 5, 2019.

E. The instant loan claim remains in KRW 200,000,000 as principal and interest KRW 29,506,849 as of March 4, 2020, and the agreed delay damages rate is 15% per annum.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant company is obligated to pay in accordance with the loan contract of this case, and the defendant C is jointly and severally liable to pay to the plaintiff the amount of KRW 229,506,849 (i.e., the amount of KRW 200,000,000 interest KRW 29,506,849) and the amount of KRW 200,000 among them, the amount of delayed damages at the rate of KRW 15% per annum, which is the rate of delayed damages from March 5, 2020 to the date of full payment, and the amount of KRW 240,00,000, which is the amount of the guarantee limit for the guarantee for the extension of the contract of this case.

3. Judgment on the defendants' assertion

A. The defendants' claims for the loans of this case are commercial claims.