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(영문) 서울중앙지방법원 2018.07.12 2018가합503076

양수금

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties concerned are companies established with the purpose of performing asset-backed securitization business, such as the management, operation, and disposal of claims, security rights, and other property rights pursuant to an asset-backed securitization plan to be registered with the Financial Services Commission pursuant to the Asset-Backed Securitization Act, and the defendant is a company incorporated on February 14, 2008 by the company division procedure as stipulated in Article 530-2 of the Commercial Act (hereinafter referred to as the "stock company") in which the company Gap Heavy Industries (hereinafter referred to as the "Gae Heavy Industries") is incorporated as the company.

B. The Industrial Bank of Korea and the Daegu Bank’s loan implementation process (1) on May 18, 2006, the Industrial Bank of Korea extended loans of KRW 2 billion to the Gag Heavy Industries, and on April 20, 2007, extended loans of KRW 3 billion to the said Company. On August 8, 2011, the Bank implemented loans of KRW 5 billion by aggregating the above loans, and thereafter changed the loans to August 9, 2015, following the agreement on the change of each transaction terms and conditions. < Amended by Presidential Decree No. 23488, Aug. 8, 2012; Presidential Decree No. 24675, Aug. 8, 2013; Presidential Decree No. 24675, Aug. 8, 2014; Presidential Decree No. 26552, Aug. 8, 2014; Presidential Decree No. 265557, Feb. 9,

(2) On April 26, 2007, the Daegu Bank implemented a loan with a credit amount of KRW 3 billion and a credit period of KRW 3 billion until April 26, 2008, and thereafter extended the credit period of KRW 1 year under each credit transaction extension agreement on April 26, 201 and April 26, 2012. < Amended by Act No. 8880, Apr. 29, 2008; Act No. 974, Apr. 26, 2009; Act No. 10283, Apr. 26, 2010; Act No. 10728, Apr. 26, 2011; Act

Finally, the expiration date of credit was changed to April 26, 2013, and on May 30, 2007, the extension period of credit is extended to one year by each credit transaction extension agreement as of May 30, 2008 and May 30, 2008. < Amended by Act No. 8857, May 30, 2008; Act No. 983, May 29, 2009; Act No. 10387, May 30, 2010; Act No. 10385, May 30, 201; Act No. 11488, May 30, 2011; Act No. 11483, May 30, 20

Finally, the expiration date of credit was changed to May 30, 2013.

C. On February 14, 2008, the field of the construction business in the field of the Company Division of the Heavy Industries is physical.