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1. The defendant shall pay the plaintiff KRW 390,000,000 to the extent of KRW 390,000,000.
Reasons
1. Basic facts
A. On October 11, 2005, a new bank (hereinafter “new bank”) lent a total of KRW 300,000,000 to a stock company B (hereinafter “B”) on four occasions as follows (hereinafter “instant loan”). The Defendant jointly and severally guaranteed the instant loan’s debt within the limit of KRW 390,000,000 (hereinafter “joint and several surety obligation”).
B. On October 5, 2010, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) concluded an asset acquisition agreement with the new bank, and on October 29, 2010, the new bank sent a written notice of assignment of assignment to the new Savings Bank to the effect that the instant loan claim was transferred to the debtor B.
C. On July 2010, a new bank filed an application for the auction of real estate rent with the Seoul Songpa-gu Seoul Metropolitan Government District Court D on the basis of the instant loan claim. In the auction procedure conducted accordingly, on December 23, 2011, the said court drafted a distribution schedule to distribute KRW 412,377,596 to the New Savings Bank, the applicant creditor, in second order on the date of open distribution on December 23, 201.
Pursuant to the above distribution schedule, the New Savings Bank received KRW 402,377,596 as dividends on December 23, 2011, and received KRW 10,003,01 as dividends on May 15, 2012 and received KRW 10,003,013 additionally as winning money in a lawsuit of demurrer to distribution, which was rendered by Seoul Eastern District Court 201Da85087.
E. On April 21, 2016, the New Savings Bank appropriated the money received as above to repay the instant loan claims, and the Plaintiff calculated on April 21, 2016 the total amount of the loan principal and interest accrued up to that time on April 21, 2016. The amount calculated on April 21, 2016 as the reference date.
The loan principal and interest of this case remaining in the standard shall be as follows:
F. Meanwhile, on October 29, 2013, the New Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap161, and on the same day, the Plaintiff was appointed as a trustee in bankruptcy.