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(영문) 서울중앙지방법원 2017.11.29 2017가합33686

양수금 등

Text

1. The Defendant’s KRW 1,00,000,000 as well as 7.7% per annum from July 18, 2017 to September 5, 2017 to the Plaintiff.

Reasons

1. In full view of the purport of the arguments in Gap evidence No. 1 and No. 9 as to the cause of the claim, the Korea Development Bank entered into a loan agreement with the Korea Development Bank on September 12, 2012 on the loan limit of 10 million U.S. dollars, 3 years from the first withdrawal date during the loan maturity, 7.7% at the overdue interest rate as to the reverse general loan as to the reverse general loan, and the defendant entered into an agreement with the Korea Development Bank to jointly and severally guarantee the above loan obligations of the company of this case on September 12, 2012 [the joint and several guarantee agreement (Evidence No. 2) entered into between the Korea Development Bank and the defendant.

2. 1. In 1., the purport of “the Defendant is joint and several sureties jointly and severally and severally with the instant company (.Guantor rovocly and unitly, privorly and jointly and severally agreed upon by the instant company as the principal debtor.”

[] The instant company first withdrawn the loan on October 19, 2012, and the loan maturity on October 19, 2015, which was three years thereafter, arrived on October 19, 2015. The payment of USD 2 million out of USD 10 million on the same day was made by the Korea Development Bank and the instant company, and the remaining loan obligations of USD 8 million (hereinafter “instant loan obligations”).

The Plaintiff agreed to extend the maturity of the loan to April 19, 2016. The instant company lost its interest by delaying the repayment of the instant loan obligations and interest obligations, and the Plaintiff entered into an asset acquisition agreement with the Korea Development Bank, the Yonhap Asset Management Co., Ltd., and the Plaintiff on May 18, 2017, under an asset acquisition agreement with the view to carrying out asset-backed securitization business in accordance with an asset-backed securitization plan registered with the Financial Services Commission under the Asset-Backed Securitization Act, with the purport to transfer the instant loan obligations, etc., acquired from the Korea Development Bank through the assets acquisition agreement on April 19, 2017. The Plaintiff on the same day.