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1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual interest from February 15, 2019 to February 21, 2020, and the following.
Reasons
1. Facts of recognition;
A. The Industrial Bank of Korea concluded a loan transaction agreement with the Defendant on the following terms (hereinafter “the instant loan claim” and “the instant loan obligation”). At the time, C, a representative director, entered into a joint and several guarantee agreement with the Industrial Bank of Korea on the instant loan obligation as stated in the table below.
B. On May 31, 2013, the Industrial Bank of Korea transferred all the instant loans owed to the Defendant to D Co., Ltd. and registered the transfer with the Financial Services Commission in accordance with an asset-backed securitization plan.
D Co., Ltd. again transferred the above bonds to the Plaintiff as a special purpose company on June 26, 2013. At that time, the Industrial Bank of Korea sent the above assignment to the Defendant by content-certified mail twice.
C. The Defendant’s debt of the instant loan is as follows as of February 14, 2019.
On December 5, 2019, after the filing of the instant lawsuit, the Defendant registered as the deeming of the completion of liquidation pursuant to Article 520-2(4) of the Commercial Act.
E. Meanwhile, on the other hand, the Plaintiff simply estimated that “E” has resigned from the Defendant’s representative director on April 28, 2009, and served a duplicate of the instant complaint (payment order) on April 26, 2019 to E, but corrected the party indication as “C” and served a public notice on February 21, 2020.
【Reasons for Recognition】 The fact that there has been no dispute, the entry of Gap's 1 through 5-3, the purport of whole pleading
2. According to the above facts of recognition, the Defendant’s acquisition of the instant loan claims, etc., and the Defendant’s lawsuit promotion, etc. from February 15, 2019 to February 21, 2020, at the rate of 11% per annum, which is the agreed damages rate stipulated in the above loan agreements, etc., and the next day to the date of full payment, as the Plaintiff seeks within the scope of the amount of claims.