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1. The Defendant’s KRW 397,299,637 within the limit of KRW 650,00,000 and KRW 289,524,962 among the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 22, 2010, the National Bank Co., Ltd. lent KRW 500 million to the East T&T Industry Co., Ltd. at the maturity of October 21, 201, interest rate of KRW 4.12% per annum, and delay compensation rate of KRW 21% per annum. On the same day, the Defendant entered into an all-inclusive guarantee agreement with the National Bank Co., Ltd. to the National Bank Co., Ltd. to the extent of KRW 650 million and the National Bank Co., Ltd. to the extent of KRW 650 million.
B. On November 17, 2011, the National Bank Co., Ltd. transferred to the Plaintiff all of the claims and contractual status, including the above loan claims, through a contract for transfer of assets with the Joint Asset Management Co., Ltd. and the Plaintiff, on December 16, 2011, through a contract for transfer of assets between the Joint Asset Management Co., Ltd. and the Plaintiff. On December 16, 201, the National Bank notified the Plaintiff of the assignment of claims to the Winter Industry Co., Ltd. on December 19 and December 20, 201.
Meanwhile, upon receipt of a decision to commence rehabilitation on June 21, 201, the East TMTex Co., Ltd. paid to the Plaintiff KRW 26,294,049 on December 29, 2012 according to the rehabilitation plan, and KRW 631,580,896 on December 30, 2013, according to the rehabilitation plan.
C. The amount of the existing claim prior to the amendment according to the rehabilitation plan for the Plaintiff’s East T&T industry corporation is KRW 289,524,962 as of October 8, 2015, and KRW 21% (107,74,675) per annum on the said principal from December 31, 2013 to October 8, 2015, as of December 31, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers for those with additional numbers), Gap evidence Nos. 9, Eul evidence Nos. 5 and 6, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant calculated the amount of KRW 397,29,637 (289,524,962 Won 107,774,675) and KRW 289,524,962 among the above amounts, at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 14, 2015 to the date of complete payment, as the plaintiff seeks.