1. The Defendants shall jointly and severally pay KRW 100 million to the Plaintiff 15% per annum from October 10, 2016 to the date of full payment.

1. The parties' assertion

A. The gist of the cause of the claim asserted that the Plaintiff acquired the Bank’s loans against the Defendants (hereinafter “instant bonds”) and sought the payment of the acquisition amount against the Defendants. The specific assertion is as indicated in the “amended cause of claim.”

B. The Defendants disputing the Defendants are arguing that the Industrial Bank of Korea, the first transferor of the instant claim, among the Plaintiff’s assertion, is lawful.

In other words, under the proviso of Article 7(1) of the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”), notification of the transfer of claims can be replaced by a newspaper announcement should be given at least once, and such notification should be returned again after the first notification was returned by the transferor of claims. The purport of the Industrial Bank of Korea’s notification of the transfer of claims in this case is that it is unlawful, since such notification was given twice prior to the first notification of the transfer of claims in this case.

2. Determination

(a) Relevant provisions (Article 7(1) of the Asset-Backed Securitization Act), the transfer, trust, or return of claims pursuant to an asset-backed securitization plan shall not oppose the obligor unless the transferor or transferee notifies the obligor thereof or the obligor approves;

Provided, That when the transferor or transferee has sent a notice of the transfer of claims to the relevant debtor at least twice to the address falling under any of the following subparagraphs by content-certified mail, but has been returned because his/her whereabouts are unknown, etc., it shall be deemed that he/she has notified the debtor of the transfer of claims on at least two daily newspapers (including at least one daily newspaper distributed nationwide) mainly to the debtor's domicile on the date of such public notice

1. The obligor as shown in the registry or registration books of the mortgage concerned; and