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1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) from December 5, 2017, 128,119,570 won and KRW 77,800,000 among them.
Reasons
1. Facts of recognition;
A. On September 30, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 77,800,000 from the National Bank of Korea (hereinafter “National Bank”) at a floating rate of 3% per annum, and approved that the basic terms and conditions of credit transaction apply, and delayed payment of interest, etc. for more than one month, he/she shall lose the benefit of time, and immediately repay the total amount of the debt, but made a loan transaction agreement setting the rate of delayed interest at 13.4% per annum, and Defendant B provided comprehensive guarantee of all the obligations currently and future owed to the National Bank of Korea on the same day, within the limit of KRW 260,00,00.
(hereinafter referred to as “instant First Contract”). B.
On November 25, 2010, the Defendant Company approved that 225,000,000 won was loaned from the National Bank at a fixed interest rate of 5% per annum, and did not pay interest, etc. for more than one month, the Defendant Company lost the benefit of time and immediately repaid the full amount of the obligation; however, the Defendant Company drafted a loan transaction agreement with a rate of 14.10% per annum; on the same day, the Defendant Company guaranteed all the obligations currently and future owed to the National Bank to the National Bank within the limit of 390,000,000 won.
(hereinafter referred to as “instant second contract”) C.
The Defendants subsequently lost the benefit of time by failing to pay the above loans and interest at once. On November 6, 2012, the National Bank sold claims, including loans and deposits, to the Defendants under the instant 1 and 2 securitization plan, to the Yonhap Asset Management Co., Ltd. on November 29, 2012. The Plaintiff acquired the above claims from the Yonhap Asset Management Co., Ltd. on November 29, 2012. Pursuant to Article 7 of the Asset-Backed Securitization Act, the Defendants are referred to the Defendant Co., Ltd. as Defendant B on November 30, 2012.