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1. Revocation of the first instance judgment.
2. The Plaintiff:
A. Defendant A Co., Ltd.: KRW 435,176,348 and KRW 421,531,579 among them.
Reasons
1. Facts of recognition;
A. The New Bank Co., Ltd. (hereinafter “New Bank”) extended a loan to Defendant A Co., Ltd. (hereinafter “Defendant Company”), ① on October 30, 2003, KRW 52.9 million due on December 15, 2006, at interest rate of 16% per annum (credit: hereinafter “New Bank I”) and ② on April 18, 2006, KRW 1.8 billion due date of repayment (hereinafter “New Bank”) on October 18, 2006 (after this date, the additional interest rate of KRW 1.5% per annum was changed to April 18, 2009, and the additional interest rate of KRW 1.5% per annum was changed to 3% per annum in excess of the agreed interest rate of 1.5% per annum in interest per annum in the case of New Bank, and the additional interest rate of KRW 1.3% per annum in arrears was changed to 1.5% per annum in the case of the extended interest rate of 10% per annum in September 209).
(In new subjects: General loan, hereinafter “instant loan”). Defendant B and C jointly and severally guaranteed the principal and interest of the instant loan Nos. 1 and 2 within the scope of KRW 2.340 million, respectively.
B. On May 25, 2010, a new bank concluded an asset acquisition agreement with a combined asset management company to transfer the principal and interest of the loan, and on June 24, 2010, a new bank, a combined asset management company, and the Plaintiff entered into an asset acquisition agreement with the effect that “the asset acquisition by the combined asset management company also transfers all the contractual status under the contract to the Plaintiff.”
C. On June 29, 2010 and June 30, 2010, the new bank notified the Defendant company of the fact that the claim for the principal and interest of the loan was transferred to the Plaintiff by mail proving its content. D.
The Plaintiff’s claim amount against the Defendant Company is KRW 2,355,755,254 in total as of September 22, 201 [i] KRW 16,728,428 in total of the principal and interest of the instant loan (i.e., KRW 13,226,369 in principal and interest of KRW 545,151 in interest of KRW 2,956,908 in arrears).