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1. The Plaintiff:
A. As to Defendant B Company 163,404,533 won and double 38,623,689 won, Defendant B Company from January 16, 2009 to 209
Reasons
1. Facts of recognition;
A. On August 28, 1992, H loaned a loan of 500 million won to Defendant B Co., Ltd. (hereinafter “Defendant B”), and G where Defendant B’s representative director was the joint and several liability.
B. The balance of the above loan is KRW 38,623,689 as of January 15, 2009, plus KRW 163,404,533 as of January 15, 2009, including overdue interests of KRW 124,780,84.
C. On July 10, 2009, the Korea Asset Management Corporation, which received the transfer of the above loan claims, filed a lawsuit against Defendant B and G with the Seoul Central District Court Decision 2009Da60389, and rendered a judgment on July 10, 2009 that “Defendant B and G jointly paid 163,404,533 won and double 38,623,689 won to the Korea Asset Management Corporation, with the agreed interest rate of 18% from January 16, 2009 to May 5, 2009, and with the interest rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.” The above judgment became final and conclusive around that time.
On September 18, 2012, the Plaintiff transferred the above loan claims from the Korea Asset Management Corporation, and on February 2019, notified the transfer of claims to Defendant B and G on behalf of the Korea Asset Management Corporation.
E. G died on December 29, 2018, and Defendant C, E, and F, his spouse, jointly inherited G’s property.
F. Defendant D, C, E, and F were tried on February 13, 2019 by filing an application for qualified acceptance with the Busan Family Court 2019 D, C, E, and F. The said judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 to Eul evidence 4, the purport of the whole pleadings
2. According to the above facts of determination, Defendant B is about the promotion of litigation, etc. promulgated on September 25, 2015 by the agreement rate of 18% from January 16, 2009 to May 5, 2009 with respect to the above principal and interest of 163,404,53 won and double principal of 38,623,689 won, and the following day to September 30, 2015.