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(영문) 서울중앙지방법원 2016.06.22 2014가합507582

양수금

Text

1. The Plaintiff:

A. From January 23, 2014, Defendant A Co., Ltd.: (a) KRW 5,826,07,600 and KRW 500,00,000 among them.

Reasons

1. Basic facts

A. On March 12, 1997, Choung Bank Co., Ltd. entered into a credit limit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to the extent of USD 2,200,000, and thereafter entered into an additional credit limit transaction agreement to increase USD 300,000 within the said limit on May 27, 1997.

B. Defendant B and G jointly and severally guaranteed the obligation owed by the Defendant Company to Choung Bank in accordance with the above credit limit transaction agreement within the scope of USD 3,250,000.

C. On Nov. 27, 1997, Choung Bank Co., Ltd. loaned KRW 1,755,083,482 to the Defendant Company on Sep. 15, 1998 according to the above credit limit transaction agreement.

On September 29, 1998, Cho Ho Bank Co., Ltd. transferred all of the above loans to the Plaintiff, and notified the Defendant Company, the debtor of the loan, and B and G, the joint guarantor of the loan.

E. The Plaintiff filed a lawsuit with the Seoul Central District Court 2004Gahap9423 against the Defendant Company, B, and G seeking the payment of the above transfer amount. On May 13, 2004, the above court rendered a judgment that "the Defendant Company shall pay to the Plaintiff money within the limit of KRW 3,106,741,323 and KRW 1,427,413,90 among them, 19% per annum from January 16, 2004 to March 17, 2004; and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on July 4, 2004.

(f) G died on September 29, 2013, and Defendant C, E, and F, the spouse, jointly inherited the Deceased.

On January 20, 2014, Defendant C, D, E, and F were tried to inherit the deceased G’s property inheritance as the Seoul Family Court 2013 Dodan901.

G. As of January 23, 2014, the balance of the loaned principal under the above credit limit trading agreement shall be 1,427,413.