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The Defendants jointly and severally pay to the Plaintiff KRW 2,445,682,914 as well as KRW 989,281,126 as from March 30, 2020.
Reasons
1. "Loan interest rate of 3.86% on October 24, 2012 for three or more months of the expiration date of the credit extended on the date of recognition of the fact-finding loan (%) 2,390,000 won on the basis of the market interest rate of 3.86% on October 24, 2015 for three or more months, and 7.73% on the basis of the market interest rate of 12 months on October 24, 2019 for general funds (general facilities funds) 836,200,000 won on October 24, 2015, "3.86% on the market base rate of 3.86% on the basis of the three-month market base rate of 115,440,000 won on February 14, 2013, 00 won on the basis of 3.836% on the basis of the market interest rate of 0.4% on the basis of general funds.
A. Nonparty C Co., Ltd. (hereinafter “C”) provided loans to Defendant A Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Defendant Company”). (B) Defendant Co., Ltd entered into a credit card use contract (E) with C around 2012 and used the credit card (25% per annum) (hereinafter “credit card claim” and “the instant credit card debt”). (c)
Defendant B assumed office as the representative director of Defendant Company on April 30, 2013, and thereafter, Defendant B jointly and severally guaranteed Defendant C’s loan obligations and credit card obligations of this case.
(d)
C On March 30, 2016, pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, transferred the instant loan claims and the instant credit card claims to the Plaintiff and notified the Defendants by content-certified mail around April 4, 2016.
E. A. The Defendant Company lost the benefit of the time limit for the instant loan obligations because it was unable to repay the principal and interest of the instant loan by the expiration date of the instant loan obligations as described in Paragraph (a). The Plaintiff collected part of the instant loan obligations on August 31, 2017 through auction procedure (F) and September 11, 2017 as of March 30, 2020 (the date of March 2020).