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1. The defendant shall pay to the plaintiff KRW 1,661,095,739 among the costs and KRW 1,039,609,807 from June 20, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (formerly: C Co., Ltd.; hereinafter “Nonindicted Company”) entered into each of the following loan agreements (hereinafter “instant loan agreement”) from Han Bank (hereinafter “I Bank”) and received each of the following loans. The Defendant jointly and severally guaranteed the obligations of the Nonparty Company to the extent that:
The amount of loans extended from the No. 130,000 on July 29, 2005, 2007. 60,000,000 per annum 19,000 per annum 19,000,000 under the guarantee of the guarantor’s guarantee of the loan of the loan of 1 general facilities loan of 200,000 won, Defendant 1,530,000 per annum 19% per annum
B. On August 25, 2011, Han Bank entered into a contract with CFIC on the acquisition of assets (hereinafter “instant acquisition of assets”) between CFIC, a U.S. corporation, and CFIC on the acquisition of assets (hereinafter “CFIC”) that transfer assets, including the instant loan claims, to the non-party company. On September 27, 2011, Han Bank entered into a contract with the non-party company for the acquisition of assets (hereinafter “the instant acquisition of assets”). On September 27, 2011, Han Bank, CFIC, and AB BB, a limited liability company specialized in EFIC (hereinafter “AD”) transferred assets to the non-party company (hereinafter “the instant acquisition agreement”).
C. On October 14, 2013, the Han Bank notified the non-party company that the instant loan claim was transferred to the ADD non-purpose company upon the conclusion of the instant asset acquisition agreement and the instant underwriting agreement.
A. On June 21, 2013, A.D. transferred the instant loan claims to the Plaintiff, and notified Nonparty Company of the said assignment of claims on September 3, 2013.
E. On November 17, 2010, the Seoul Western District Court (Seoul Western District Court) established with respect to the real estate owned by the non-party company: (a) KRW 188,390,366 on November 17, 2010; and (b) KRW 1,465,07,515 on September 28, 201 in the procedure of the auction of real estate title E with the Changwon District Court smuggling.