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1. The Defendant’s KRW 370,538,955 as well as 5% per annum from May 26, 2018 to August 8, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a creditor who holds “the monetary claim of KRW 2,838,103,05 and the amount of KRW 2,673,638,330 among them, calculated at the rate of 15% per annum from December 20, 2017 to the date of full payment pursuant to the Seoul Central District Court Decision 2017Da569871 decided May 3, 2018 (hereinafter “instant judgment”).
B. On January 13, 2017, which was before the judgment of this case was rendered, the Plaintiff received a decision on provisional seizure of claims against the deposit claims (hereinafter “decision on provisional seizure on January 13, 2017”) held by B against the Defendant as the claim claim (the claim amounting to KRW 1,36,819,165), B as the obligor, and the Defendant as the third obligor, as the Seoul Central District Court 2017Kadan80183 (hereinafter “instant deposit claims”), and the provisional seizure order on January 13, 2017 reached the Defendant on January 18, 2017.
C. On February 1, 2017, the Plaintiff was issued a provisional attachment order on the instant deposit claim (hereinafter “provisional attachment order on February 1, 2017”) with the claim claim (the claim amounting to 500,000,000) and B as the obligor, the Defendant as the third obligor, and the Defendant as the Seoul Central District Court Decision 2017Kadan80164, and the provisional attachment order on February 1, 2017 reached the Defendant on February 6, 2017.
At the time when the provisional attachment ruling as of January 13, 2017 and the provisional attachment ruling as of February 1, 2017 reached the Defendant, the Defendant held B with respect to each of the loan claims as of April 7, 2017 and May 12, 2017 (hereinafter “each of the loan claims in this case”). However, Article 7(1)1 of the General Terms and Conditions for Bank Credit Transactions (for enterprises), which apply to each of the loans in this case, is referred to as “the terms and conditions of the contract in this case.”
The contents of the agenda shall be as follows:
Article 7 (Duty to Pay Obligations before Time Limit) If any of the following events occurs with respect to customers, there is no demand notice from the bank.