1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts B, on June 17, 2003, borrowed KRW 504,00,000 from Hana Bank Co., Ltd. at the interest rate of 3 months (the first 6.39% per annum), interest rate of 19% per annum, interest rate of 3 years in arrears, and period of loan set at 3 years (hereinafter “instant loan agreement”), and the defendant took over the above loan obligations against the above bank on February 3, 2005.

On August 25, 2011, the Han Bank Co., Ltd. transferred claims under each of the loan agreements of this case to the Si FIC (CFIC), the Si FIC (CFIC), the Si FIC (hereinafter “S”) on September 27, 2011, and the limited liability company (hereinafter “the non-foreign limited liability company”) on June 21, 2013, and the Plaintiff (the non-foreign limited liability company prior to the change: DF loans) on June 21, 2013.

On September 29, 2011, Han Bank sent to the Defendant a content-certified mail containing the purport that “the claim under the instant loan agreement was transferred to the non-party limited liability company,” and the non-party limited liability company sent each content-certified mail containing the purport that “the claim was transferred to the Plaintiff,” around September 16, 2013.

On the other hand, in this case, the Plaintiff presented a documentary evidence containing the purport of each notice of assignment as to the above claim, which was served on the Defendant around December 10, 2017 during the lawsuit in this case.

The non-party limited liability company and the co-defendant C (the person who is the principal of the loan obligation under the loan agreement of this case) reached a judicial compromise between the Plaintiff and the co-defendant C on the first day of pleading, which was held on July 19, 2018. On May 11, 2011, the Seoul Eastern District Court applied for an auction of real estate rent on the co-owned real estate, and received dividends of KRW 604,80,000, which is the maximum debt amount of the right to collateral security in the name of the non-party limited liability company, out of KRW 633,310,528, which is the maximum debt amount of the right to collateral security in the name of the non-party limited liability company, out of KRW 633,310,528, the claim under the loan agreement of this case as of the above dividend date (=633,310,528,604,800,000).

The remaining principal and interest of the instant loan contract bond as of September 13, 2017 are added.