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1. The defendant shall pay 360,000,000 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Indication of claim;
A. On November 29, 2010, Non-Party Blue Communications (hereinafter “Nonindicted Company”) entered into a credit transaction agreement with 100,000,000 won as a common loan for corporate driving with the Korean Bank Co., Ltd. (hereinafter “Korea Bank”), with interest rate of 4.34% per CD-dong, interest rate of 17% or 19% of delay damages, and with a loan granted on November 30, 201 as of November 30, 201 (hereinafter “the first credit transaction agreement of this case”). The Defendant limited the debt under the above credit transaction agreement against the Non-Party Company’s Korean Bank within the scope of 120,000,000 won (hereinafter “instant collateral guarantee”).
B. On March 23, 2011, the non-party company entered into a credit transaction agreement (hereinafter “credit transaction agreement of this case”) with the Korean bank and the company’s ordinary loan loan of KRW 200,00,000 with interest rate of KRW 4.7% per CD-dong, with 17% or 19% per annum, and with a credit transaction agreement with the contents of the loan granted on March 23, 2012 (hereinafter “credit transaction agreement of this case”). The Defendant limited the obligations under the above credit transaction agreement against the non-party company’s bank within the limit of KRW 240,00,000 (hereinafter “instant second collateral guarantee”).
C. Under each of the instant credit transaction agreements, the claims of the Bank were transferred to the Plaintiff on November 12, 2013 through a limited liability company specializing in the transfer of funds in Korea. Around that time, the Plaintiff, the agent of the transfer, notified the Defendant of the assignment of claims.
The total amount of KRW 142,840,981, which is the sum of KRW 120,00,000,000 for the remainder of the First Credit Transaction Agreement, KRW 22,457,420 for the remaining interest until September 30, 2013, KRW 22,457,420 for the remaining interest until September 30, 2013, and KRW 20,383,561 for the Plaintiff’s delayed payment from November 13, 2013 to December 20, 2014, exceeds KRW 120,000 for the Defendant’s continuous payment guarantee limit, and KRW 194,287,028 for the remaining principal of the Second Credit Transaction Agreement, KRW 42,624,547 for the remaining interest until September 30, 2013, and KRW 42,547 for the Plaintiff’s acquisition after the acquisition of the above bonds.