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(영문) 서울중앙지방법원 2014.12.18 2014가합545225

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,272,16,611 and KRW 200,000,000 among them.

Reasons

Facts of recognition

On November 8, 2005, the Industrial Bank of Korea granted a loan of KRW 1 billion to the defendant non-UD Global Co., Ltd. on November 7, 2013. The KD Construction Co., Ltd. guaranteed the above loan obligations.

The above loans were assigned in sequence to the future savings bank of the company following the loan of the company, the company specializing in asset management, the company specializing in the combined asset management, the company specializing in L&A loan, the company specializing in X-AB loan, and the company X-AB loan. The fact of the transfer of each credit

As of March 6, 2014, the amount of the above loans as of March 6, 2014 is the total of KRW 545,214,77, and interest KRW 726,901,834, and KRW 1,272,116,61.

On the other hand, the future savings bank, a corporation, was declared bankrupt on April 30, 2013 (Seoul Central District Court 2013Hahap54), and the plaintiff was appointed as bankruptcy trustee.

[Based on the recognition, Defendant Non-Adro Global: (a) Defendant Kdro Construction Co., Ltd. (main sentence of Article 150(1) of the Civil Procedure Act) is liable to pay jointly the Plaintiff the above loan 1,272,16,611 and 200 million won, which the Plaintiff seeks, based on the fact that the above recognition was based on service by public notice (Article 208(3)3 of the Civil Procedure Act).

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.