1. Defendant B’s annual years from July 29, 2019 to January 15, 2020, as to KRW 452,33,939 among the Plaintiff and its KRW 455,612,782.

Basic Facts

The following facts are deemed to have not been disputed between the parties or to have been led by the Defendants pursuant to Article 150(3) and (1) of the Civil Procedure Act.

E A. On May 24, 2018, E Co., Ltd. (hereinafter referred to as “acquisition company”) subscribed to bonds without maturity of 448,000,000 and bonds with maturity of 5.35% per annum (hereinafter referred to as “instant bonds”) issued by F Co., Ltd. (hereinafter referred to as “F”) on the basis of the rate of damages determined by the Korea Credit Guarantee Fund, and the interest rate from the date of payment (including the day per annum) to the actual payment (including the day per annum) shall be added to the fixed rate of damages from the date of the change, but if the rate is changed, the changed rate of damages shall apply to the issuing company, and if there occurs a cause, such as an application for commencement of rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, the profits shall be lost immediately, and the cost of taking measures to preserve claims arising from breach of contract by the issuing company shall be borne by the issuing company.

As the representative director of the issuing company on the same day, Defendant B guaranteed the obligation to pay the principal and interest of the bonds of this case.

On the same day, the Plaintiff acquired the bonds of this case and all rights incidental thereto by concluding an asset transfer contract under the Asset-Backed Securitization Act with the acquiring company, and the acquiring company immediately registered the said transfer with the Financial Services Commission.

On July 29, 2019, the issuing company filed an application for rehabilitation with the Cheongju District Court 2019 Mahap50008. Accordingly, from May 24, 2019 to July 28, 2019, 4,333,939 won (=448,000,000 x 5.35% x 66/365 days x 66/365 days) and the due date for repayment of the claim came immediately. The Plaintiff paid the total amount of KRW 3,278,843 won to the Plaintiff on August 24, 2019.

From April 1, 2019, the Korea Credit Guarantee Fund applied the damages rate of 8% per annum from the date of closing argument in this case to the date of closing argument in this case.

On the other hand, Defendant.