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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest thereon from November 5, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On March 28, 2013, the National Bank Co., Ltd. loaned KRW 855,000,000 as a corporate working capital loan to Defendant A Co., Ltd. (hereinafter “Defendant A”) with a maturity of KRW 15% on September 27, 2013, and the overdue interest rate of KRW 15%.
Defendant B guaranteed Defendant A’s above loan obligation within the limit of KRW 1,300,000,00.
B. On December 30, 2014, following the Plaintiff’s acquisition of the instant loan claims, the Plaintiff acquired the instant loan claims against Defendant A from the National Bank of Korea (hereinafter “instant loan claims”), and notified the transfer of the instant loan claims on December 30 and January 2, 2015 in a daily newspaper pursuant to Article 7(1) of the Asset-Backed Securitization Act.
C. Defendant A’s repayment delay and partial recovery, etc. (1) Defendant A did not repay the above principal and interest of loan while making the said loan transaction. (2) Accordingly, Defendant A recovered KRW 289,026,182 in the procedure of voluntary auction of real estate C in Suwon District Court of Suwon District on May 11, 2016, and KRW 315,018,105 in the procedure of voluntary auction of real estate D’s real estate in Suwon District Court of Suwon District on May 25, 2016.
3) On September 21, 2016, the Plaintiff recovered KRW 48,817,186, and KRW 777,804,554, respectively, at the voluntary auction procedure for real estate E-real estate in Suwon District Court, Suwon District Court, on November 4, 2016. Accordingly, the instant loan claims were fully repaid as of November 4, 2016, and the principal amount was KRW 573,064,575.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the interest rate of 15% per annum from November 5, 2016 to the date of full payment, among the principal amount of the instant loan claim KRW 573,064,575.