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The Defendants jointly and severally against the Plaintiff KRW 31,071,860, and KRW 11,593,047 and KRW 150,315,643 among them.
Reasons
1. Basic facts
A. On November 12, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a credit transaction agreement between Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) and ① a loan of general foreign currency facilities general loan of loan, amount of loan 87,00,000N, loan period from November 12, 2007 to November 12, 2008; ② a loan of general facilities of loan, amount of loan 480,000,000, and period of loan from November 12, 2007 to November 12, 2015; and Defendant B received each of the above loans from Daegu Bank; on November 12, 2007 to November 12, 2015, Defendant B provided joint and several guarantee for each of the above loans owed by the Defendant Company to Daegu Bank in accordance with the above credit transaction agreement.
(b) Defendant B’s above debt (hereinafter “instant guaranteed debt”)
On November 26, 2008, Daegu Bank transferred all of the claims under the above credit transaction agreements with the Defendants to the Plaintiff under Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. On the same day, the Daegu Bank notified the Defendants of the transfer of claims by content-certified mail.
C. Meanwhile, the amount not repaid out of the obligations under each of the above credit transaction agreements that the Defendants incurred until August 29, 2013 is as listed below.
Defendant Company: The sum of interest accrued from the balance of the loaned principal of the loan (as of August 29, 2013) and the interest accrued from the agreed delay compensation rate of 187,00,000,000 UN 11,593,047N 11,593,047,047 UN 15% per annum 2480,000,0000,315,643 won per annum 180,756,217,217,217, 331,071,860 won per annum 19% per annum 187,000,000,000,0000,000,000 won per annum 150,000,000,000 won per annum 1,000,000 won per annum 1,000,000 won per annum
2. Determination as to Defendant B’s main defense
A. Defendant B’s assertion of the parties is subject to immunity on May 18, 201 by filing bankruptcy and application for immunity with the Daegu District Court. Accordingly, Defendant B also rendered immunity on the instant guaranteed liability.