Text
1. The Defendant shall pay to the Plaintiff KRW 57,596,245 and the interest rate of KRW 15% per annum from March 23, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. A. Around November 5, 2008, B Co., Ltd. (hereinafter “Nonindicted Company”) took out a loan of KRW 100 million from the National Bank of Korea (hereinafter “National Bank”), and the repayment date was set on November 5, 2009. To secure this, the Defendant, who is the representative of the Nonparty Company, jointly and severally guaranteed the above loan obligations within the limit of KRW 130 million, set up a collateral security right of KRW 130 million with respect to the real estate owned by the Defendant.
B. Around June 27, 2012, the National Bank transferred the loan claims (hereinafter “instant loan claims”) and the right to collateral security (hereinafter “mortgage”) to a limited liability company specialized in information-backed securitization (hereinafter “foreign-backed securitization company”), prior to the aforementioned transfer on or around June 27, 2012.
6. At the time of 29.2, at the time of the non-party company’s principal office, the non-party company sent a content-certified mail to the non-party C, 301 and notified the transfer of the claim. The non-party
After receiving dividends as stated in the port, on September 3, 2014, the Plaintiff transferred the above loan claims to the Plaintiff. Upon delegation from the non-party securitization company, the Plaintiff sent the items proving contents D and 609 Dong-dong 706, the Defendant’s domicile as of April 22, 2015 and notified the transfer of claims.
C. Meanwhile, on the other hand, on February 22, 2012, the auction procedure of real estate rent E for the said Defendant’s real estate was commenced. As seen earlier, Nonparty Asset-backed Company, who was assigned the instant loan claims and collateral security, was apportioned KRW 68,242,571 out of the loan claims of this case on October 30, 2012 as the mortgagee (principal KRW 125,838,816).
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the facts of recognition prior to the judgment on the cause of the claim, the defendant is a joint and several surety of the non-party company and is the final transferee of the loan claim of this case.