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1. The plaintiff, the defendant A Co., Ltd., and the defendant C Co., Ltd., jointly and severally with the defendant A Co., Ltd., and 6. of the above money.
Reasons
1. Facts of recognition;
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained loans from the Industrial Bank of Korea as shown in the attached Table, and Defendant C jointly and severally guaranteed Defendant A’s obligations for loans specified in the attached Table to the Industrial Bank of Korea.
B. On December 16, 2002, the Industrial Bank of Korea transferred each of the above claims against the Defendants to E non-partnership Co., Ltd. and notified Defendant A of the transfer on or around January 17, 2003. On or around February 27, 2004, the Industrial Bank of Korea transferred the above claims to Busan 2 Mutual Savings Bank (hereinafter “SB Bank”) and notified the said Defendants of the transfer on May 13, 2004.
C. The non-party bank filed a lawsuit against the defendants as Busan District Court Decision 2004Gahap22493, and on September 30, 2005, the defendants jointly and severally, the defendant 271,38,660 won, and the defendant A paid 20% interest per annum from June 3, 2005 to the date of full payment of each of the above amounts. The above judgment became final and conclusive on November 18, 2005.
Since then, according to the Act on the Structural Improvement of the Financial Industry and the decision of the Financial Services Commission under the Mutual Savings Banks Act, the non-party bank transferred the contractual status of the Defendants to the Plaintiff as of August 26, 2011, and publicly announced the above contract transfer decision.
[Ground for Recognition] Defendant A: The entries in the admission statement (Article 208(3)2 of the Civil Procedure Act) by Defendant C: Each statement in the evidence Nos. 1 through 4 (including additional numbers), and the purport of the whole pleadings
2. According to the above facts of recognition, Defendant A is jointly and severally liable with Defendant A to pay to the Plaintiff the amount of KRW 604,282,442, and Defendant C the amount of KRW 271,388,660 of the said amount and each of the said amounts of KRW 20% per annum from June 3, 2005 to the date of full payment. However, the Plaintiff seeks as part of the claim. Accordingly, Defendant A is jointly and severally liable to pay to the Plaintiff the amount of KRW 61,00,000 and Defendant C.