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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate of KRW 15% per annum from June 8, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The status of the parties is a corporation established for the purpose of the sale and purchase of non-performing loans and the management and recovery of purchased assets, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) bears the obligations of loans to Gyeongnam Bank pursuant to the credit transaction agreement with Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), and Defendant B is a joint and several surety for the Plaintiff to perform the obligations of the above loans.
B. Defendant Company borrowed KRW 1.54 billion from Gyeongnam Bank on September 28, 2012; KRW 1.00 billion on February 19, 2013; KRW 300 million on June 30, 2013; KRW 93,000,000 on March 13, 2013; KRW 60 million on July 4, 2013; KRW 200 million on September 17, 2013; and KRW 400,00 on September 27, 2013; Defendant B borrowed the Defendant Company’s loans to Gyeongnam Bank on its joint and several debt.
C. On April 24, 2015, the Plaintiff’s transfer of loan claims and the Plaintiff entered into an asset acquisition agreement, instead of the above loan claims against the Defendant Company of the Gyeongnam Bank, on April 24, 2015, on an asset acquisition agreement with the Gyeongnam Bank, and instead, on May 21, 2015, the Plaintiff entered into an asset acquisition agreement with the Gyeongnam Bank, alternative L&A, and the Plaintiff on May 21, 2015, under which the Plaintiff would finally acquire the above loan claims.
Accordingly, on May 22, 2015 and May 26, 2015, Gyeongnam Bank notified the Defendant Company that the above loan claims were transferred to the Plaintiff, and around that time, reached the Defendant Company.
The remaining amount of the loan claims against the Defendant Company at the time of May 18, 2017, when the Plaintiff filed an application for the instant payment order against the Defendants, shall be as follows:
The balance of loans for the kinds of loans shall be paid provisionally.