1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from November 1, 2016 to the date of full payment.

Basic Facts

Defendant A Co., Ltd. (formerly: Co., Ltd.; hereinafter “Defendant Company”) entered into a contract with the New Bank Co., Ltd. on April 14, 2008 to obtain a loan of KRW 520 million (hereinafter “instant loan contract”) with the new bank on April 14, 2009, setting the rate of delayed damages as 19% per annum and at 19% per annum, and received the said money from the new bank.

Defendant B guaranteed the principal and interest obligation of Defendant B to the extent of KRW 676,00,000.

On October 28, 2010, New Bank Co., Ltd. transferred claims under the instant loan agreement to a limited-liability company specializing in UPS third-tier securitization, and notified the Defendant Company of the assignment of claims.

On February 14, 2012, the U.S. Specialized Company received the dividends of KRW 274,825,571 from the KCA District Court D real estate rental auction case for the real estate owned by the Defendant Company. At the time, the principal of the loans under the instant loan contract is KRW 519,69,696,380, interest amount is KRW 167,320,786.

On November 27, 2012, a limited liability company specializing in the U. S. T. T. T. T. T. T. C. was additionally distributed KRW 57,950,000 in a voluntary auction case.

On August 12, 2016, the Plaintiff acquired the claim under the instant loan agreement from a limited liability company specializing in the U.S. Third Securitization, and around September 2, 2016, the notice of the assignment of the claim was issued to the Defendant Company.

[Ground for recognition] Defendant Company: Service by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant B: The Plaintiff’s assertion as to the grounds for claim as to the Defendants’ claims for determination as to the overall purport of the pleadings and the overall purport of the pleadings, as of October 31, 2016, as of October 31, 2016, the Plaintiff claimed against the Defendants the payment of the principal amounting to KRW 519,696,380, interest accrued before and after the assignment of claims, KRW 33,004,279, interest accrued after the assignment of claims, and KRW 300,000,000, which is part of the total amount of claims, and damages for delay from November 1, 2016.

. Determination.