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1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 519,359,925 and KRW 267,727,36 among them, starting from October 15, 2016.
Reasons
1. Facts of recognition;
A. On May 23, 2006, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with Han Bank Co., Ltd. (hereinafter “ Han Bank”) for enterprise operation and other loans, amounting to 353,000,000 won, and interest rate of May 23, 2007 and 7.25% (hereinafter “the credit transaction agreement of this case”). Defendant B set the obligation under the above agreement with Han Bank as the guarantee limit of 458,90,000 won.
B. Under the instant credit transaction agreement, the Defendant Company borrowed KRW 395,00,000,000 from Han Bank on May 23, 2006, including KRW 353,000,000, and KRW 42,000 on July 23, 2009.
C. On March 30, 2010, the Plaintiff entered into a contract to take over securitization assets including claims under the instant credit transaction agreement, which was acquired from one bank as of March 4, 2010, between the Joint Asset Management Co., Ltd and one bank.
On the same day, Han Bank registered the transfer of assets to the Financial Supervisory Service pursuant to Article 6 of the Asset-Backed Securitization Act, notified the Defendant Company of the transfer of claims under the credit transaction agreement of this case on March 31, 2010 and April 1, 2010 in accordance with Article 7 of the same Act, and announced the transfer of claims in the Preamble and Asia.
On November 3, 2011, the Plaintiff received dividends of KRW 279,416,30 from Suwon District Court C real estate auction case, and at the time, at the same time, 547,143,670 [the principal amount = KRW 140,979,755 [the principal amount = KRW 11,163,915] interest and principal amount on the credit transaction agreement of this case [the principal amount KRW 42,00,00,000] (the principal amount KRW 11,163,915), and the credit transaction agreement of this case remains as of May 23, 2006, the principal amount under the credit transaction agreement of this case remains 267,727,366 won (=547,670,670, 279, -679, 279, 351, 2595].