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1. The Plaintiff:
A. As to KRW 427,349,014 and KRW 229,434,706 among them, Defendant A Co., Ltd., from April 22, 2017.
Reasons
1. Facts of recognition;
A. The Defendant A Co., Ltd. (hereinafter “Defendant A”) extended a loan to Defendant A and jointly and severally guaranteed by Defendant B Co., Ltd. (hereinafter “Defendant A”) on September 29, 2009 at the rate of KRW 450,000,000 of general loans from the new bank (hereinafter “new bank”) on September 29, 209, with the rate of KRW 17.69% per annum; the due date for payment was determined on September 29, 2010 (hereinafter “instant loan”); and at the time, Defendant B jointly and severally guaranteed the Defendant’s obligation within the limit of KRW 540,00,000.
B. 1) The Plaintiff is a company established under the Asset-Backed Securitization Act and engaged in asset-backed securitization business. The Plaintiff is a new bank and a joint asset management company (hereinafter “joint asset management”).
(B) On November 30, 2010, an asset acquisition agreement (including the claim for the loan of this case in the subject matter) entered into between the parties.
(2) On December 24, 2010, the Plaintiff acquired the instant loan claims under a transfer agreement between the Plaintiff and a new bank, a joint asset management, and a joint asset acquisition agreement between the Plaintiff. (2) At that time, the Plaintiff respectively registered the asset-backed securitization plan concerning the assets of the instant loan claims, etc. that were acquired as above, and the transfer of the instant securitization assets to the Financial Services Commission on December 24, 2010, respectively.
3) On December 27, 2010 and December 28, 2010, the Plaintiff, as the assignee of the instant loan claims, notified each of the instant credit assignment to Defendant A by content-certified mail and sent each of the above notification around that time to the Defendant A. In addition, the Plaintiff publicly announced the transfer of the instant loan to the Defendant at the Korean one newspaper and the Korean one newspaper, which mainly distributes to the Defendant’s domicile. (C) The balance of the principal and interest of the instant loan calculated as of April 21, 2017, calculated as of April 21, 2017, totaling KRW 427,349,014 (=the balance of the principal and interest of the instant loan principal and interest amount plus KRW 229,434,706 won, or delay damages incurred until April 21, 2017.