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1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 500,000,000 to the Plaintiff as well as the Defendant Accom Association from February 17, 2017 to May 22, 2017.
Reasons
1. Facts of recognition;
A. On June 8, 201, the New Bank Co., Ltd. (hereinafter “New Bank”) lent KRW 2,00,000,000 to the Defendant Diplomatic Association (hereinafter “Defendant church”) at the interest rate of KRW 2.34% per annum (34% per annum) of the base rate for the CD 91, plus 9% of the interest rate for delay (three months per annum), the minimum annual rate of 16% per annum, the highest rate of 19% per annum, and the due date of repayment as of January 9, 2012 (hereinafter “instant loan”), Defendant B, and C set the ceiling for the guarantee for the said loan at KRW 2,60,000,000.
B. In accordance with the Asset-Backed Securitization Act, a new bank concluded a contract on the transfer or acquisition of assets with the Yonhap Asset Management Co., Ltd. on November 27, 2012, and on December 24, 2012 with the Yonhap Asset Management Co., Ltd. and the Plaintiff on December 24, 2012.
Accordingly, the Plaintiff acquired assets, including the instant loan claims, against the Defendant church of the new bank, from all rights, obligations, and status under the contract. At that time, the Plaintiff met the requirements for setting up against the assignment of claims under the Asset-Backed Securitization Act.
C. As of February 16, 2017, the remaining debt of the instant loan is KRW 1,478,801,526 (= Principal KRW 1,292,192,631 and delay damages KRW 186,608,895).
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, 9 through 14 (including each number in case of virtual number), and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally filed a service of the original copy of the instant payment order from February 17, 2017 to May 22, 2017, Defendant church, Defendant B until March 27, 2017, and Defendant C within the scope of the agreed damages rate up to March 23, 2017, as they seek by the Plaintiff within the extent of the agreed damages rate.