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1. The defendant jointly and severally with C about KRW 386,774,064 and KRW 357,241,000 among them, shall be jointly and severally with C on May 26, 2018.
Reasons
1. Basic facts
A. On May 30, 2006, the Industrial Bank of Korea’s loan claims for the Industrial Bank of Korea loaned KRW 600 million (hereinafter “instant loan”) to C Co., Ltd. (hereinafter “C”) as a loan for small and medium enterprise facilities. At the time, C’s registered director D, E, F, and Defendant at the time set the respective guarantee limit of KRW 720,000,000,000 for each guarantee limit.
(hereinafter the above joint and several sureties contract of the Defendant is called the instant guarantee contract).
The Industrial Bank of Korea acquired the instant loan from the Industrial Bank of Korea and completed registration of initial ownership on January 29, 2007 by the Seopo District Court Seopo District Court Seopo Office No. 17, which received on January 29, 2007, with the purchase of G H (303 tons) vessels from the Bank of Korea (hereinafter “the instant vessel”). The Industrial Bank of Korea completed registration of initial ownership with the Bank of Korea No. 18 of the same date as the maximum debt amount of KRW 720,000,000, the debtor C-mortgage and the Industrial Bank of Korea (hereinafter “the instant vessel”).
C. On November 25, 2010, the Industrial Bank of Korea concluded an asset acquisition agreement with I Co., Ltd. (hereinafter “I”) to transfer the instant loan claims, and the Plaintiff entered into an asset acquisition agreement with I on December 23, 2010, thereby taking over the I’s rights and obligations under the asset acquisition agreement.
Accordingly, on December 24, 2010 and December 27, 2010, the Industrial Bank of Korea notified the Plaintiff of the assignment of claims to the effect that it transferred the instant loans to C. D.
As the compulsory auction against the instant vessel and the Plaintiff’s dividend C lose the benefit of time due to the Plaintiff’s failure to pay the interest on the instant loan, the Industrial Bank of Korea filed an application for compulsory auction (J of Jeju District Court; hereinafter “instant compulsory auction”) against the instant vessel, and acquired the claim for the instant loan.