양수금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,357,131,14 and KRW 1,211,910,283 among them. < Amended by Act No. 1429, Apr. 21, 2016>
1. Facts of recognition;
A. On May 14, 2007, the New Bank Co., Ltd. (hereinafter “New Bank”) loaned KRW 3,500,000,000 to Defendant Co., Ltd. on May 14, 2008 at the maturity of payment on May 14, 2008 and at the rate of 19% per annum (hereinafter “instant loan”). The maturity of payment was deferred until May 14, 2010, and the Defendant B guaranteed the Defendant Co., Ltd’s obligation of this case to the extent of KRW 4,50,000,000.
Defendant B asserted that the details of the credit information on the debt guarantee of the credit information company (htp:/www.co.C.D) did not confirm the guarantee of the credit of the loan of this case. However, in full view of the entries in the evidence No. 2 (Guarantee) as a disposal document and the whole purport of pleadings, Defendant B may recognize the fact that the credit of this case was jointly and severally guaranteed.
On October 5, 2010, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) concluded an asset acquisition agreement with the new bank and acquired the instant loan claims of the new bank.
C. The New Savings Bank continued the auction of real estate C with the Daejeon District Court C by exercising the security right based on the instant loan claim, and received dividends of KRW 2,030,269,040 on the date of distribution on July 28, 2011, and appropriated it for the repayment of the instant loan claim.
On the other hand, the New Savings Bank was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161, and the plaintiff was appointed as bankruptcy trustee on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 7, purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, Defendant A Co., Ltd., barring any special circumstance, and its KRW 2,357,131,144 (principal interest of KRW 1,211,910,283, interest of KRW 1,145,220,861), as sought by the Plaintiff, the trustee in bankruptcy of the new Savings Bank, the transferee of the instant loan claim, as the Plaintiff, the transferee of the instant loan claim.