beta
Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 740,166,754 and KRW 510,667,90 among the Defendants.
Reasons
1. Indication of claim;
A. On November 6, 2009, Defendant A Co., Ltd. (formerly: Co., Ltd.; hereinafter “Defendant Company”) entered into a loan agreement (hereinafter “instant loan agreement”) with Busan Bank, Inc., and with the amount of credit limit of KRW 1.850,000,000,000,000 on Nov. 6, 2019, the expiration date of the loan period, and at 14.78% per annum of delayed damages.
In addition, Defendant B, the representative director of the Defendant Company, had a joint and several surety within the limit of KRW 220 million for the loan obligation of this case on the same day.
B. On December 26, 2012, Busan Bank entered into a contract on the acquisition of assets to transfer the instant loan contract claims, etc. to a combined asset management company. On January 15, 2013, the Busan Bank entered into a contract on the acquisition of assets by a limited liability company specializing in the asset-backed securitization, which entered into a contract on January 15, 2013 to acquire the status of the transferee of the contract.
In addition, on January 16, 2013, Busan Bank notified the defendant company that it transferred the claim of the loan contract of this case to the limited company specializing in the lux land-backed securitization.
C. On September 30, 2016, a limited liability company specializing in floating land-backed securitization entered into an asset sales contract with the effect that it transfers the instant loan contract claims, etc. to the Plaintiff.
As of April 7, 2017, the Defendant Company lost the benefit of time due to the Defendant Company’s failure to repay the principal and interest of the instant loan contract, and was in arrears of KRW 510,667,90 and interest KRW 229,498,850 as of April 7, 2017.
E. Therefore, Defendant Company and Defendant B, jointly and severally, did not pay the Plaintiff the principal amounting to KRW 740,166,754 (i.e., the principal amounting to KRW 510,67,90, KRW 229,498,850) and the principal amounting to KRW 510,667,90 among them, from April 8, 2017 to January 11, 2018 when the original copy of the instant payment order was served on the Defendants.