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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 823,812,575 and KRW 300,000,000 among them, from April 18, 2017.
Reasons
1. Basic facts
A. (1) On August 11, 2008, the Korea Development Bank added 1.74% to C Co., Ltd. with interest rate of KRW 3,200,000,000 to the CD-based base interest rate of KRW 1.74%. The agreed interest rate for delay shall include 1.3% per annum less than one month, 2.6% per annum less than two months, 9% per annum in the case of three or more months, 3.4% per annum in the case of three or more months, and 17% per annum (hereinafter “instant loan agreement”).
(2) On August 26, 2008, the Korea Development Bank completed the registration of creation of a mortgage on each real estate and machinery installed at a factory listed in the separate sheet on August 26, 2008, the maximum debt amount of which is 390,000,000 won, and the debtor C corporation’s neighboring establishment of a mortgage on the same day.
(B) The foregoing right to collateral security (hereinafter referred to as the “instant right to collateral security”) is the “right to collateral security,” and the registration of the establishment of the instant right to collateral security (hereinafter referred to as the
1) On March 26, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) acquired the contractual status of the C Co., Ltd. under the instant loan agreement with the creditor, Korea Development Bank and the debtor C Co., Ltd. (hereinafter “instant contract acceptance”).
(3) At the time, Defendant B consented thereto, and again signed and sealed the joint and several sureties column (hereinafter “instant joint and several sureties agreement”).
2) According to the acquisition of the instant contract, the debtor of the registration of the establishment of the instant mortgage was changed to Defendant A.
C. On December 23, 201, Korea Development Bank transferred the Plaintiff’s credit to Defendant A Co., Ltd. (hereinafter “instant loan credit”), and notified Defendant A of the said transfer on December 28, 201.
② The instant loan to the Plaintiff on August 25, 2015, is a limited liability company specializing in the KNFG securitization.