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1. The Plaintiff:
A. As to KRW 1,934,288,258 and its total amount of KRW 276,870,825, Defendant A Co., Ltd.
Reasons
1. Basic facts
A. The Industrial Bank of Korea of Korea (hereinafter “Non-Party Bank”) lent total of KRW 1.65.8 billion to Defendant A (hereinafter “Defendant Company”) as indicated in the following table to Defendant B’s joint and several sureties (the amount of the guarantee limit is as indicated below) who is the representative director of the above Company.
The loan of small and medium enterprise facilities loan of KRW 18.04% on June 8, 2007, the overdue interest rate of the loan of KRW 18.04% on the loan of KRW 1.5 billion on the loan of small and medium enterprise facilities loan of KRW 20 million on June 8, 2007, KRW 19.07% on 360 million on June 8, 2007, KRW 19.06% on May 23, 2008, KRW 19.06% on 260 million on the loan of KRW 40 million on the loan of KRW 140 million on June 18, 2008.
B. On the other hand, on June 8, 2007, the Defendant Company completed the registration of creation of a mortgage over the amount of KRW 3 billion with respect to the maximum debt amount of KRW 1669 square meters (hereinafter “instant real estate”) against the non-party bank in Sungsung-si (hereinafter “the instant real estate”) in order to secure the claim for each of the above loans (hereinafter “the instant loan claim”).
(hereinafter “instant collateral security”). C.
In accordance with the Asset-Backed Securitization Act, the non-party bank transferred the instant loan claims to the non-party limited company specializing in the asset-backed securitization (hereinafter “non-party limited company”), and the non-party limited company transferred the instant loan claims to the Plaintiff on June 17, 2011. At the time of each transfer, the non-party bank notified the defendant company of each transfer of claims pursuant to Article 7(1) of the Asset-Backed Securitization
The balance of loans of this case as of April 11, 2016 is as listed below:
The loan interest rate for the loan of 18.04% on June 8, 2007, 276,870,825 Won 245,652,217 Won 522,52,523,042 Won 30.07% on June 8, 2007, 281,661,61,288 Won 5888% on small and medium enterprise financing loans of 281,61,288 Won 5.06% on May 23, 2008, KRW 187,675,726 Won 387,675,726 won on June 18, 208, KRW 2000,000 won on small and medium enterprise financing loans of 2.3 billion on June 19, 2008.