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1. The Plaintiff:
A. Defendant A and B are jointly and severally liable for KRW 1,000,000,000 and each of them from January 18, 2018.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5 (including each number, if any).
The Plaintiff is a special purpose company established for the purpose of selling and buying corporate non-performing bonds and managing and collecting assets purchased.
B. Defendant A Co., Ltd (hereinafter “Defendant A”) was loaned totaling KRW 4,841,460,279 from November 201 to September 2016 by the Nonparty Industrial Bank of Korea.
(hereinafter “instant loan agreement”). Defendant B and Defendant C Co., Ltd. (hereinafter “Defendant C”) jointly and severally guaranteed the above loan obligation of Defendant A.
C. On March 8, 2017, the Industrial Bank of Korea concluded an asset transfer agreement with EF&A Co., Ltd. and transferred all of the loan claims against Defendant A under the instant loan agreement. On the 30th of the same month, the Plaintiff acquired the rights and obligations under the instant loan agreement by transfer of assets of the F&A, instead of obtaining the consent of the Industrial Bank of Korea.
On the 30th of the same month, the Industrial Bank of Korea registered the fact that its assets are transferred to the Financial Supervisory Service in accordance with the Plaintiff’s plan for asset-backed securitization, and on the 31st of the
4.7. Defendant A notified each of the above particulars of the assignment of claims to Defendant A with content certification.
The principal and interest of Defendant A’s loan obligations under the instant loan agreement are KRW 5,293,668,204 as of August 31, 2017.
2. Determination as to Defendant A and B
A. Defendant A and Defendant B, a joint and several surety of the claim, jointly and severally acquired loan claims under the loan contract of this case from the Industrial Bank of Korea, shall be calculated at the ratio of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 18, 2018 to the date of delivery of a copy of the complaint of this case with respect to the Plaintiff, which is part of the principal and interest of loan, and to the date of payment.