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1. Defendant B: (a) KRW 842,630,236 and its weight; (b)
A. From March 9, 2019 to October 11, 2019, for KRW 398,821,140.
Reasons
1. Facts of recognition;
A. 1) The Industrial Bank of Korea is the Defendant B Co., Ltd. (hereinafter “Defendant B”) from June 15, 2005 to August 20, 2012.
(2) On February 24, 2017, the Defendant D’s spouse and Defendant C, E, and F inherited each G at the rate of 2/9, respectively, following the death of Defendant C’s spouse, and Defendant C, E, and F, who are children, respectively.
B. The Industrial Bank of Korea, such as loans to Defendant B by the Industrial Bank of Korea, granted credit to Defendant B by means of loans, etc. as listed below, and Defendant C and the net G jointly and severally guaranteed part of the Defendant B’s obligations to the Industrial Bank of Korea.
C. Articles 7(1)3 and 7(3)4 of the Industrial Bank of Korea’s Framework Agreement on Credit Transactions (hereinafter “Industrial Bank of Korea”) provides that if a debtor applies for commencement of composition proceedings or commencement of reorganization proceedings of a bankrupt company, or the debtor delays the performance of obligations, the Industrial Bank of Korea may lose the debtor’s benefit of time. The Defendant B’s rehabilitation application was filed with the Seoul Central District Court on October 26, 2012.
(Seoul Central District Court 2012 Gohap216). On the other hand, the Industrial Bank of Korea has set the maximum overdue interest rate of 8% per annum if the overdue interest rate exceeds three months, and the maximum overdue interest rate of 11% per annum if the overdue interest rate exceeds three months.
Article 1) The Industrial Bank of Korea (1) on February 28, 2013, pursuant to the Asset-Backed Securitization Act, the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) provides all of the claims for loans to H Co., Ltd. against Defendant B (hereinafter “
and credit card payment claims were transferred, and I Limited Liability Company (hereinafter “Intermediate transferor”) is referred to as “Intermediate transferor.”
with the consent of the Bank on March 27, 2013 above.