양수금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Defendant A entered into a credit transaction agreement with Korea Bank Co., Ltd. (hereinafter “Korea Bank”) on November 23, 2007 as follows, and accordingly, borrowed KRW 418,00,000 from Korea Bank.
(hereinafter “instant loan”). On November 27, 2008, Defendant A created a joint collateral security of maximum debt amount of KRW 504,000,000 on November 27, 2007, which was due to a mortgage contract on the date of the debtor’s loan (damage rate of delay) with respect to the loans of this case, Defendant A created on November 27, 2007, the joint collateral security of KRW 1.33% (19% per annum for not less than three months) with respect to the loans of this case on November 27, 2007, in order to secure the debt of this case.
On November 30, 2009, Defendant B guaranteed the obligation of the instant loan to the Bank to the extent of KRW 91,200,000.
On January 22, 2010, the Defendants and the Korean Bank entered into an additional agreement on the change of credit transaction conditions with the content that the loan amount of the instant loan was KRW 417,000,000, and the expiration date was changed on February 24, 2010.
Around June 29, 2010, the claim for the instant loan was transferred in sequence to the Korea EF&A Specialized Asset-backed Securitization Co., Ltd. (hereinafter “Plaintiff Bank”), and on January 24, 201, to the Humato2 Savings Bank Co., Ltd. (hereinafter “Plaintiff Bank”).
Plaintiff
The Bank extended the expiry date of the instant loan to July 23, 2012, but the Defendants failed to repay the instant loan by the expiration date.
Plaintiff
On April 30, 2013, the bank was declared bankrupt in Seoul Central District Court 2013Hahap55, and the plaintiff was appointed as the trustee in bankruptcy of the plaintiff bank on the same day.
[Ground of recognition] Unless there are special circumstances to determine the facts without dispute, Gap evidence Nos. 1 through 9, and the purport of the whole pleadings, the defendants shall be the defendants.