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(영문) 서울중앙지방법원 2018.10.17 2017가합585361

양수금

Text

1. The Plaintiff’s claims against the Defendants, Defendant (Appointed Party), Appointed F, and G are all dismissed.

2...

Reasons

1. On the date indicated in the following table, H Co., Ltd. entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with each of the following terms and conditions, and paid a discount on the amount of the bill to the Defendant Company to the extent of the amount indicated in each of the following table:

At the date of the conclusion of each credit transaction agreement, F and Non-Party I guaranteed the obligation to return the principal and interest, which is payable by the Defendant Company to H under each credit transaction agreement that the Defendant Company owes to H, to the extent stated in each “Guarantee Limit” column.

The credit transaction agreement up to 300 million won increased as of November 23, 1999 was finally extended by April 22, 2001.

However, the defendant company was dissolved on November 26, 2003 in accordance with the procedure for dissolution of the dormant company as stipulated in Article 520-2 of the Commercial Act, and the registration of dissolution was completed on December 5, 2003, and the completion of liquidation was considered to be December 4, 2006.

On November 24, 2013, H transferred to the Plaintiff the principal and interest claim amounting to bills under each of the above credit transaction agreements, and around that time, H notified the Defendant Company, the principal debtor, the F, and Nonparty I, respectively.

Non-party I died on February 7, 2016, and at the time of the death, there are children of Defendant C, D, Defendant (Appointed Party), Appointed Party F, and G.

As of November 16, 2017, as of November 16, 2017, the balance of the obligation to return the principal and interest payable to the Plaintiff by the Defendant Company, is as listed below

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including all of the paper numbers; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendant Company is the principal obligor of the principal and interest claim, which is the bill that the Plaintiff acquired, and the appointed Party F is the joint and several surety therefor, and the remainder of the Defendants and the Defendant (Appointed Party), the appointed Party G is Nonparty I who was a joint and several surety.