양수금
1. The Defendants are jointly and severally liable to the succeeding Intervenor for KRW 3,845,203,226 and KRW 1,685,139,29 among them. < Amended by Act No. 12555, Aug. 11, 2014>
1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap 1 to 13 (including paper numbers) and the whole purport of the pleadings:
The Busan Bank Co., Ltd. and the Defendants entered into a credit transaction agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), and lent KRW 4,609,000,000 to Defendant A., and Defendant B jointly and severally guaranteed the above loan obligations of Defendant A.
B. On December 29, 2009, Busan Bank Co., Ltd. (1) transferred all of the loan claims held against the Defendants to the Plaintiff, and notified the Defendants of the transfer on December 30, 2009. (2) On October 14, 2014, the Plaintiff transferred all of the loan claims to the succeeding Intervenor after the instant lawsuit was filed, and notified the Defendant A of the transfer on December 4, 2014, respectively. < Amended by Act No. 12837, Dec. 9, 2014>
C. The balance of the loan under the instant agreement as of August 10, 2014 (hereinafter “the instant base date”) is as follows.
The interest rate of 1,685,139,299 2,160,063,927 3,845,203,226 per annum 19% per annum;
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 3,845,203,226 and KRW 1,685,139,29 as of August 11, 2014, which is the day immediately following the base date of this case, 19% per annum under the agreement from August 21, 2014 to October 21, 2014, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
3. The claim of this case against the Defendants by the succeeding intervenor in conclusion is accepted on the grounds of merit.