The Defendants jointly and severally pay to the Plaintiff KRW 715,950,421 as well as KRW 630,558,113 as from September 8, 2015.

Facts of recognition

On November 29, 2006, New Bank Co., Ltd. (hereinafter “New Bank”) lent KRW 1,000,000,000 as a comprehensive passbook loan, and KRW 500,00,000 as a general loan, to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a deposit basis, KRW 1,00,00,000 as a general loan, to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The repayment period was set at 17% per annum on November 29, 2007; and the compensation rate for delay was set at 17% per annum.

(hereinafter “the instant loan agreement”). Meanwhile, Defendant B entered into a comprehensive collateral security agreement with the Defendant Company’s present and future debt guarantee agreement, including a debt under the instant loan agreement, within the limit of KRW 1,300,000,000, with respect to the new bank on the same day, and with respect to the Defendant Company, the mortgagee, the mortgagee, and the maximum debt amount of KRW 1,30,000,000, with respect to the registration of the establishment of a collateral security agreement with the Defendant Company’s new bank, the mortgagee, and the maximum debt amount of KRW 1,30,000,000, which are apartment units owned by him.

The instant loan contract was renewed on a six-month or one-year basis after the conclusion of the contract, and the maturity was extended on August 25, 201, which was the final renewal date.

The new bank transferred all of the claims and contractual status under the instant loan contract with the Defendant Company through a contract for asset transfer with the Joint Asset Management Company on August 28, 2012, and with the Plaintiff on September 25, 2012, through a contract for asset transfer with the Joint Asset Management Company and the Plaintiff on September 25, 2012, notified the Defendant Company of the assignment of claims on September 26, 2012 and September 27, 2012. The said notification of assignment of claims was served on the Defendant Company around that time.

On the other hand, on May 31, 2012, the new bank applied for the auction of the real estate in this case. On June 1, 2012, the procedure of the auction of the real estate was commenced in Suwon District Court Sung-nam Branch E, Sungnam Branch. On November 20, 2014, the Plaintiff, as a successor to the new bank, was apportioned KRW 846,762,320 in the said auction procedure.

The loan contract of this case.