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1. The trustee in bankruptcy of the defendant bankruptcy debtor A and the defendant C are jointly and severally liable to the plaintiff, and the defendant D are deceased.
Reasons
1. Facts of recognition;
A. On March 18, 1996, A Co., Ltd. entered into an overdraft loan transaction agreement with the Korea Exchange Bank and received money at an interest rate of 17% per annum from Korea Exchange Bank in accordance with the above overdraft loan transaction agreement.
E and Defendant C jointly and severally guaranteed all obligations related to credit transactions against Korea Exchange Bank Co., Ltd. within the limit of KRW 4.550 million.
B. On November 25, 1998, the Korea Exchange Bank transferred to the Korea Asset Management Corporation a loan and other claims (hereinafter “instant claims”) against A, and notified A, E, and Defendant C of the assignment of claims.
C. On August 28, 2012, the Plaintiff acquired the instant claim against A Co., Ltd. from the Korea Asset Management Corporation as of September 18, 2012, and received the notification of transfer from the Korea Asset Management Corporation, and notified the transfer to A Co., Ltd, E, and Defendant C on behalf of the transferor.
At the time of the Plaintiff’s acquisition of the above bonds, the principal amount of the instant bonds is KRW 1,388,99,120, overdue interest of KRW 4,701,828,515, and overdue interest rate of KRW 17% per annum.
E. A Co., Ltd. was declared bankrupt on April 1, 1998, and B was appointed as a bankruptcy trustee of A Co., Ltd.
F. On May 10, 2013, E died, and there was F, G, and Defendant D as the deceased’s heir. F on July 15, 2013, F on July 15, 2013, G reported renunciation of inheritance, and Defendant D reported inheritance limited approval, and each of the above reports was accepted on August 16, 2013 as the District Court Senior 13-Mo874.
[Ground for recognition] Bankruptcy Trustee B: The fact that there is no dispute between Defendant C and D, Gap evidence Nos. 1 through 11 (including the number of branch offices), Eul evidence No. 1, and the purport of the whole pleadings as a whole.
2. According to the above facts of recognition, the trustee in bankruptcy of Defendant A Co., Ltd. shall be the scope of the principal and interest on the acquisition of bonds against the Plaintiff.