Text
1. The Defendants jointly and severally with Nonparty C Co., Ltd. and D Co., Ltd. within the limit of KRW 10,400,000,000, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On July 22, 2008, the non-party C Co., Ltd. (hereinafter “C”) changed its trade name to the Hyundai Swiss Savings Bank Co., Ltd. on August 26, 2010, and on September 1, 2013, the name was changed to the “Stock SB Savings Bank.”
The term "foreign bank" regardless of any change in the name below.
(2) The Defendants, non-party E, and D Co., Ltd. (hereinafter “D”) concluded an agreement to obtain a loan (hereinafter “instant loan”) of KRW 8 billion (the repayment period, interest rate of January 22, 2009, interest rate of 12% per annum, and delay compensation rate of 24% per annum). In this case, the Defendants, non-party E, and D Co., Ltd. (hereinafter “D”) jointly and severally guaranteed each of the extended guarantee limits amount of KRW 10.4 billion.
B. Nonparty C was unable to repay the instant loan by January 22, 2009, which was the initial due date, and around March 22, 2009, upon consultation with the non-party bank (hereinafter “the first extension”). Defendant B and the non-party E consented to the first extension. After that, C was unable to repay the loan even after the due date extended, it extended the due date (hereinafter “the second extension”) by mutual agreement with the non-party bank, and Defendant B and the non-party E consented to the second extension.
C. After that, on June 30, 2011, Nonparty bank sold its loan claims to the Korea Asset Management Corporation pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, but received the refund of outstanding loan claims after settlement on January 30, 2012.
On July 16, 2013, the Plaintiff entered into a bond acquisition agreement with the non-party bank, and acquired all rights and obligations arising from the instant loan including the instant loan claims against the non-party bank C and each joint guarantor. On August 5, 2013, the notice of assignment of claims reached the Defendants respectively.
Nonparty C and each of the above.