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(영문) 서울고등법원 2015.01.16 2014나2005249

양수금

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1. The plaintiff's successor's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff’s Intervenor.

purport.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1-1-4, Gap evidence 2-1-2, Gap evidence 3-1, Gap evidence 4-1, Gap evidence 8, Gap evidence 10-1, 2, Eul evidence 8, Eul evidence 11, Eul evidence 15, and Eul evidence 15.

B 1) B Co., Ltd. (hereinafter “B”) (hereinafter “B”)

on July 26, 1982, the Dable block (after this, the lot number was changed to E) was changed to Jung.

A) A corporation was established as its head office. B was decided to authorize the establishment on September 24, 1998 from the Jeonju District Court’s branch office, but was dissolved as a dormant company pursuant to Article 520-2(1) of the Commercial Act on December 1, 2010. The Seoul Branch was registered as 101 of the G Building in Seocho-gu Seoul on May 1, 1999, and C (hereinafter “C”) corporation (hereinafter “C”) was established on September 29, 1986 at regular Eup/Myeon.

C was declared bankrupt by the Jeonju District Court on September 24, 1998 after the Jeonju District Court rendered the approval of composition on September 24, 1998.

B. B’s loan obligations and joint and several sureties’s loan obligations have been extended several times from the former Bank of North Korea Co., Ltd. (hereinafter “former Bank”), and as of October 30, 2003, the former Bank bears the loan principal of KRW 11,193,29,895 as well as interest and delay damages incurred therefrom, and I and J assumed the joint and several sureties’s loan obligations for all of the above obligations.

On November 15, 2003, the Jeonbuk Bank filed an application for the payment order against B, C, I, J, and K with the Jeonju District Court 2003 tea29054, respectively. On November 20, 2003, the Jeonju District Court paid to the Jeonbuk Bank 19,719,464,105 won and damages for delay calculated at the rate of 21% per annum from October 31, 2003 to the date of full payment, with respect to 11,193,29,895 won.