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1. Revocation of the first instance judgment.
2. As to KRW 1,612,390 among the Plaintiff and KRW 1,161,938 among the Plaintiff, the Defendant shall on August 2017.
Reasons
1. Basic facts
A. On April 3, 2010, the Plaintiff entered into a loan transaction agreement with B, whereby the amount of loans extended to KRW 5,000,000, the amount first used, the amount of loan interest rate of KRW 2,000,000, and the interest rate of loan and delay damages rate of KRW 49% per annum (hereinafter “instant loan agreement,” and the Defendant jointly and severally guaranteed the instant loan agreement on the same day.
B. (1) On January 3, 2011, Kando Co., Ltd. (the foregoing Company changed its trade name to Kando Loan Co., Ltd. on November 17, 2011; hereinafter “Kando Loan”) transferred the instant claim amounting to KRW 1,542,866, totaling KRW 1,542,86, and notified B and the Defendant of the foregoing transfer on February 23, 2011.
B. On July 2015, 2015, Luxembourg AB loan transferred the instant claim amounting to KRW 1,178,485, including the principal amount of the instant loan agreement, KRW 166,216, interest and delay damages KRW 12,269, and KRW 1,178,485, and notified the Defendant of the said transfer on August 20, 2015.
On January 31, 2017, a newly established mutual savings bank of Korea transferred the instant claim of KRW 1,429,428 in total, including the principal amount of KRW 1,161,938 under the instant loan agreement, and interest KRW 267,490, and notified the Plaintiff of the said transfer on February 10, 2017.
As of August 25, 2017, the claim in this case remains in total of KRW 1,612,390,000, including the principal, KRW 161,938, and interest in arrears, KRW 450,452.
C. (1) On January 29, 2016, the Defendant filed an application for bankruptcy and exemption with Suwon District Court 2016Hadan100043, 2016, 10043, and received a notification from the said court on November 30, 2016, that “the Defendant shall be exempted from liability.”
(hereinafter “instant decision on immunity”). The list of creditors of Doshe and the instant decision on immunity is with the National Diplomatic Fund for Co., Ltd.