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1. The defendant shall pay to the plaintiff 445,574,780 won and its related expenses from November 15, 2016 to the day of full payment, and 68,230 among them.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) concluded each monetary loan agreement (hereinafter “each of the instant loans”) with the Industrial Bank of Korea as listed in the following table:
On October 22, 2007, at the rate of delay damages for the term of credit extended at the date of the conclusion of the credit-type loan (limit) and on October 22, 2007, KSIBOR loans of 76,000 December 15, 2010, 50,000 loans of 15.24% on April 1, 2008, 200, 8.6% on April 1, 2000, 21, 2000 8.6% on April 1, 2009, 205, 30.4% on April 1, 2009 (the change of credit-type loans) loans of 100,000,0000,000 loans for facilities of small and medium enterprises, and 4.4% on April 20, 2008, 208 (the change of the loan-type loans).
B. On February 12, 2009, the defendant was appointed as the representative director of B and completed registration, and on February 23, 2009, the defendant entered into a joint and several guarantee contract with B, covering the obligations arising from each of the instant loans to the Industrial Bank of Korea (hereinafter “instant joint and several guarantee contract”) with B, and on April 1, 2009, entered into an additional agreement on the amendment of terms and conditions for the instant loans 2 and 3 as a joint and several guarantee.
C. The Plaintiff entered into a contract with the Industrial Bank of Korea for the transfer and takeover of bonds, including loans under each of the instant loans, in accordance with the Asset-Backed Securitization Act, and notified the transfer of the said bonds to B on March 30, 201 and March 31, 2011. On April 1, 2011, the Plaintiff publicly announced the transfer of the said bonds.
On the other hand, on January 27, 201, the Industrial Bank of Korea filed an application for a voluntary auction of real estate on D and three parcels of real estate, other than D, the Namyang-si District Court C on January 27, 201. On January 31, 2011, the registration of the voluntary auction decision was completed, and the above auction procedure was in progress, and on the date of distribution of the above auction procedure on December 9, 201.