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(영문) 서울중앙지방법원 2014.12.23 2013가합85634

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 7,037,974,770 as well as KRW 256,00,000, among them, from May 14, 2013.

Reasons

1. Indication of claim;

A. On October 27, 1997, Gyeongnam General Finance Co., Ltd. (hereinafter referred to as 'Gyeongnam General Finance Co., Ltd.') entered into a bill trading agreement stipulating that the amount of KRW 3,00,000,000 shall be limited to the original industry (hereinafter referred to as 'the original industry'), and the Defendants and B, and C jointly and severally guaranteed the obligations owed by the original industry to Gyeongnam General Finance according to the above bill trading agreement.

B. In accordance with the above Promissory Notes transaction agreement, Gyeongnam General Finance loaned money to the United States industry at a discount of promissory notes issued by the United States industry, but thereafter, the said promissory notes issued by the United States industry were refused to be paid on the due date.

C. Accordingly, the trustee in bankruptcy of the Gyeongnam General Finance filed a lawsuit against the Defendants, B, and C, a joint guarantor of the nuclear source industry, against Changwon District Court 2003Da3495. On July 10, 2003, the above court rendered a judgment of 2,933,159,329, and C jointly and severally with the Defendants, B, and C, to the trustee in bankruptcy of the Gyeongnam General Finance for KRW 600,000,000 from December 5, 1997, for KRW 140,337,412 from September 12, 201, for KRW 400,000,000 from February 4, 1998, KRW 100,000,000 from February 7, 1998.

Since then, the Plaintiff (former Mutual Aid Corporation) acquired the above claims against the Defendants, B, and C from the trustee in bankruptcy of the Gyeongnam Comprehensive Financial Services, and upon meeting the requirements for setting up against the assignment of claims, the Plaintiff (former Mutual Aid Corporation) was granted an execution clause succeeding to the above final judgment on November 7, 2006.

E. As of May 13, 2013, the details of the Plaintiff’s claims against the Defendants are as follows.

(G) The calculation convenience shall be less than 2,140,337,412, 792,821, 917 600,000,000 on December 5, 1997, the interest rate on the date on which the initial date of calculation of the principal shall be calculated, 2,140, 337, 792, 792, 821, 917, 600,000.