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1. As to KRW 571,830,983 and KRW 560,00,000 among the participants succeeding to the Plaintiff, Defendant A shall commence from April 4, 2016 to April 1, 2017.
Reasons
1. Basic facts
A. 1) The Plaintiff is an asset-backed specialized company established for the purpose of acquiring or transferring assets, or entrusting a trust company with the acquisition or transfer of assets in accordance with the Asset-Backed Securitization Act. 2) Defendant A is the representative director of the Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”).
B. On May 15, 2014, Co., Ltd. entered into a contract to underwrite bonds with respect to bearer private equity bonds issued by C with the total face value of KRW 560,000,000 (hereinafter “instant bonds”) and paid the total amount paid on the date of payment of the bonds. Defendant A jointly and severally guaranteed the obligation to repay the instant bonds.
C. (1) On May 15, 2014, the Plaintiff acquired the instant bonds by concluding an asset transfer contract with Jinjin Investment Securities Company. (2) On the same day, the Plaintiff issued asset-backed securities with a large number of bonds including the instant bonds as securitized assets, and the succeeding intervenor provided credit guarantee for the redemption of the principal and interest of the asset-backed securities.
C) On April 4, 2016, the place of business of April 4, 2016 is provisionally attached and thus the Intervenor succeeding to the Plaintiff (hereinafter referred to as “Successor Intervenor”).
(2) On April 25, 2016, the Plaintiff notified Defendant A of the fact that the interest on the time limit for the instant bonds was lost. (2) The Plaintiff’s credit against C is the principal amounting to KRW 560,00,00, interest amounting to KRW 4809,893, interest amounting to KRW 7,021,090, and total amounting to KRW 571,830,983, and the overdue interest rate applicable to the instant bonds is 10%.
E. Defendant A, on April 11, 2016, entered into a mortgage agreement with Defendant B (hereinafter “B”) on each of the real estates listed in the attached Tables 1 and 2 (hereinafter “each of the instant real estates”) as security against D’s debt, and entered into a mortgage agreement of KRW 200,000,000 with each of the following specifications.