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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the descriptions of evidence Nos. 1-2, 3, 2, 3-1, 2, 4-1, 2, 5, and 6.
Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) was a company engaged in export and import intermediation business, and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 5, 2016, and Defendant E was in office as the representative director of the Defendant Co., Ltd.
B. On August 20, 2010, the LAF lent to the Defendant Company the interest rate of up to April 21, 2012; the interest rate of up to 15% per annum; Defendant E loaned KRW 17 million per annum (hereinafter “instant loan claim”); Defendant E set the guarantee limit of up to 22.1 million; and Defendant E guaranteed the said obligation. (c) The LAF lent the Defendant Company the interest rate of up to April 21, 201 with KRW 28 million per annum by setting the guarantee limit of up to 15% per annum (hereinafter “this case’s loan claim”) and Defendant E set the guarantee limit of the said obligation as KRW 36.4 million.
After that, around April 23, 2012, the LAF and the Defendants agreed to extend the repayment period of Defendant E’s loans to the end of July 22, 2012, and to change Defendant E’s guarantee amount from KRW 22.1 million to KRW 20.4 million. ② The repayment period of Defendant E’s loans shall be extended to the end of July 22, 2012, and the amount of Defendant E’s guarantee amount shall be 36.4 million to the end of July 22, 2012.
E. On December 23, 2013, the LAF transferred the instant claim for the transfer of the instant loan to G Limited Company, and on December 24, 2013, sent the notice of transfer to the Defendant Company by content-certified mail.
F. On August 23, 2016, G Limited Company transferred the instant claim to the Plaintiff. On September 29, 2016, the Plaintiff was delegated by G Limited Company, the transferor, to the Defendant Company.