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1. The plaintiff's claim is dismissed.
2. The Defendant’s Intervenor’s successor KRW 1,618,234,176 and 648,861.
Reasons
1. Basic facts
A. On February 21, 201, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) loaned KRW 3,00,000,000 to the Defendant at 11% per annum and the due date on August 21, 2011 (hereinafter “instant bonds”); and thereafter, the due date was extended on May 21, 2012.
B. On September 4, 2011, the Jeju Savings Bank received measures to improve the decision-making management of insolvent financial institutions from the Financial Services Commission on November 4, 201, as the liabilities as of the end of the Financial Supervisory Service’s evaluation of assets and liabilities exceed 41.7 billion won.
However, as the Korea Savings Bank fails to comply with the management improvement order that will maintain its equity capital ratio above 5% within 30 days from the date of business suspension, the Financial Services Commission decided to transfer a contract to the Korea Savings Bank in accordance with Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the "Mutual Savings Banks Act", and the Plaintiff was designated as the Korea Savings Bank.
And the contents of the above decision on contract transfer will be the next day.
2.9. A public notice was given in daily newspapers.
C. On May 25, 2017, the day after the filing of the instant lawsuit, the Plaintiff transferred the instant claim against the Defendant to the Hano Deposit Limited Company (hereinafter “Plaintiff’s Intervenor”). Moreover, on June 21, 2017, the Plaintiff notified the Defendant of the transfer by mail, and the said notification was delivered to the Defendant around that time.
As of November 26, 2015, the principal and interest of the instant claim in arrears are KRW 1,618,234,176 (the principal and interest thereof are KRW 648,861,217), and the rate of damages for delay of the said claim is at least 25% per annum.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The judgment on the ground of the Plaintiff’s claim is based on the above findings.