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1. The Defendants jointly and severally pay KRW 324,765,587 to the Intervenor succeeding to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Basic facts
A. On May 22, 2009, the Gyeonggi Mutual Savings Bank Co., Ltd. (hereinafter “Game Mutual Savings Bank”) extended a loan (hereinafter “instant loan”) to Defendant A Co., Ltd. (hereinafter “Defendant A”) at an annual interest rate of KRW 11%, annual interest rate of KRW 23% per annum, annual interest rate of KRW 23% per annum, and due date of reimbursement on May 22, 2010 (hereinafter “instant first loan”). On September 18, 2009, KRW 11% per annum, annual interest rate of KRW 2,500,000,000 per annum, annual interest rate of KRW 23% per annum, and due date of reimbursement on September 18, 2010.
B. On May 22, 2009, in order to secure the debt of the instant loan, the registration of the establishment of a neighboring mortgage-backed mutual savings bank and the maximum debt amount (hereinafter “instant first collateral mortgage”) with the mortgagee at KRW 11,200,000,000 in order to secure the debt of the instant loan, the registration of the establishment of a mortgage-backed securities company (hereinafter “instant first collateral mortgage”) was completed on September 18, 2009, with the mortgagee’s mutual savings bank and the maximum debt amount at KRW 3,50,000,000 in order to secure the debt of the instant second loan (hereinafter “the instant second collateral mortgage”).
C. Defendant B, on May 22, 2009, jointly and severally guaranteed the debt of the instant loan No. 11,200,000,000 to the Gyeonggi Mutual Savings Bank. Defendant B, on September 18, 2009, jointly and severally guaranteed the debt of the instant loan No. 2 within the limit of KRW 3,50,000.
On June 29, 2010, the Gyeonggi Mutual Savings Bank transferred to the Korea Asset Management Corporation the instant loans claims against Defendant A (hereinafter “claims against each of the instant loans”), and the Gyeonggi Mutual Savings Bank notified the Defendants of the assignment of the said claims, and around that time, the said notification reached the Defendants.
E. On August 27, 2010, the Korea Asset Management Corporation shall file an application for voluntary auction with respect to the instant land ( Jeju District Court D) and accordingly, on December 28, 2011.