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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from July 26, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 1, 2011, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement with the Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”) under which the subject of credit is KRW 1,200,000,000, and the expiration date of the credit as of June 23, 2019 (hereinafter “instant loan”). Defendant B entered into a limited collateral transaction guarantee agreement (joint guarantee) with respect to the Defendant Company’s above loan obligations with the Gwangju Bank as of KRW 1,440,000,000.
B. On November 28, 2013, the instant loan claims concluded between the Gwangju Bank and the National Bank of Korea (hereinafter “National Bank”), and between Gwangju Bank, the National Bank, and the KSP First Asset-Backed Company (hereinafter “KS First”) on December 19, 2013, were transferred in sequence to the National Bank and the KSP First Company in accordance with the asset sales contract’s transfer and acquisition contract’s agreement, and around December 20, 2013, the KSP first was delegated with the authority to notify the said assignment, and then notified the Defendant Company, a principal debtor, by mail, of the content-proof of the said assignment, and then notified the said notification to the Defendant Company at that time.
C. After October 29, 2015, KSS first transferred the instant loan claim to the Plaintiff, and around December 17, 2015, the Defendant Company notified the Defendant Company of the fact of transferring the said credit by means of content-proof mail and reached the Defendant Company around that time.
The sum of the principal and interest of the instant loan obligations remaining as of January 22, 2018 is KRW 1,767,846,004 [the sum of the principal and interest of the instant loan obligations = KRW 1,129,147,080 (the interest of KRW 194,04,046,044 overdue interest of KRW 444,38,880 (the base date: September 30, 2015)].
【Grounds for Recognition】 Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendants jointly and severally take over the loans of this case to the plaintiff who acquired the loans of this case.