The Plaintiff, Defendant A Co., Ltd., as to KRW 503,576,257 and KRW 200,080,284 among them, from February 6, 2014 to December 2014.

Description of Claim

On December 18, 2007, Defendant Company borrowed KRW 60,000,00 from the Bank of Korea (hereinafter “Korea Bank”), and Defendant Company guaranteed the above loans within the limit of KRW 72,000,000. After which, Defendant Company increased the above loans to KRW 200,000,000, Defendant Company guaranteed the above loans to the extent of KRW 240,000.

On December 14, 2012, the Bank of Korea transferred the above loans to the Defendants to Escar 2 Savings Bank, Inc., and notified the Defendants of the above assignment on January 27, 2014. On October 31, 2014, Escar 2 Savings Bank was merged with the Plaintiff on October 31, 2014.

Meanwhile, as of February 5, 2014, the debt of the Defendant Company remains in total of KRW 200,080,284 as principal and interest KRW 303,495,973 as of February 5, 2014.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff money as stated in the purport of the claim.

The Plaintiff, who partly dismissed Article 208(3)3 (a) of the Civil Procedure Act based on the recognition, asserts that Defendant B bears joint and several liability within the limit of KRW 312,00,000 for the Defendant Company’s loan obligation of this case, and seeks payment of money within the limit of KRW 312,00,000 to Defendant B.

However, comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2 (including each number), the defendant company borrowed 60,000,000 won from the bank on December 18, 2007, and the defendant Eul guaranteed the above loan within the limit of 72,00,000 won. After which the defendant company borrowed 140,000,000 won additionally from our bank, the original loan amount of KRW 60,000 from 60,000 to 20,000, it can be recognized that the defendant Eul guaranteed the above loan within the limit of 240,00,000 won. According to the above facts of recognition, according to the above facts, the defendant Eul guaranteed the debt of the defendant company.