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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 363,884,602 and KRW 230,175,00 among them, starting from June 28, 2018.
Reasons
1. Facts of recognition;
A. On February 16, 2007, the Industrial Bank of Korea concluded a credit transaction agreement between the Industrial Bank of Korea and the Defendant Company B (hereinafter “Defendant B”) on a credit transaction agreement with the Defendant Company B (hereinafter “Defendant B”), setting the credit-type discount notes, the credit limit amount of KRW 500,000,000, and the credit period of KRW 1 year (hereinafter “the credit transaction agreement”).
After that, on December 19, 2008, Defendant C and D entered into a limited collateral guarantee agreement between the Industrial Bank of Korea and the Industrial Bank of Korea for the joint and several liability guarantee agreement between Defendant C and D, within the limit of KRW 1,080,000,00.
(2) On June 25, 2009, the Industrial Bank of Korea concluded a credit transaction agreement with Defendant B by setting the credit amount of KRW 200,000,000, operating funds and interest rate of KRW 8.95% per annum (hereinafter “the instant credit transaction agreement”). Defendant C guaranteed obligations under Defendant B’s credit transaction agreement within the limit of KRW 240,000,000 to the Industrial Bank of Korea.
(3) On November 10, 2009, the Industrial Bank of Korea concluded a credit transaction agreement (hereinafter “the third credit transaction agreement”) with Defendant B on January 11, 201, setting the credit amount of KRW 150,00,000, and the expiration date of the credit amount of KRW 0.16% on January 11, 2010. The Defendant C guaranteed obligations under Defendant B’s third credit transaction agreement with respect to the Industrial Bank of Korea within the limit of KRW 180,00,000.
B. (1) On September 26, 2012, the Plaintiff entered into a contract on the transfer of assets (i.e., the instant securitization assets) with E Co., Ltd. and the Industrial Bank of Korea; and (ii) with E Co., Ltd. entering into a contract on the transfer of assets (i.e., securitization assets including claims for credit transaction agreements, etc. transferred from the Industrial Bank of Korea on September 4, 2012) under which the Plaintiff re-transfered.