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(영문) 인천지방법원 2016.12.06 2016가합2808

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for legalization of Japan 66,826,238.03 and 18,846,034.54 among them.

Reasons

1. Indication of claim;

A. On July 28, 2008, Defendant A entered into a credit transaction agreement with Korea Bank Co., Ltd. (hereinafter “Korea Bank”), and Defendant B jointly and severally guaranteed Defendant A’s obligation to Korea Bank at the time of the said credit transaction agreement.

B. On November 26, 2010, pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, Korea Bank transferred to the Plaintiff a loan claim against Defendant A (hereinafter “instant claim claim claim”) and notified the Defendant A thereof.

C. On September 28, 2011, the Plaintiff received dividends from the Incheon District Court C’s decision of auction of real estate and paid part of the instant claim claims. However, as of August 3, 2016, the Plaintiff was not yet reimbursed for the sum of 18,846,034.54N (the Japanese legalization; hereinafter the same shall apply) and interest 47,980,03.49, etc. 66,826,238.03 UN as of August 3, 2016.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the same money as the Disposition No. 1.

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);