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(영문) 서울중앙지방법원 2017.06.16 2015가단5193681

양수금

Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several liability amounting to KRW 233,238,370 and KRW 41,213,010.

Reasons

1. Basic facts

A. Korea Commercial Bank (hereinafter “Korea Commercial Bank”) and Korea Commercial Bank were merged on January 4, 199, and Korea Light Bank (hereinafter “Korea Light Bank”). On December 31, 2001, Korea Light Bank merged the Peace Bank with a company of peace on December 31, 2001, and changed its trade name to Korea Bank on May 20, 2002.

B. On November 16, 1991, Hanil Bank loaned KRW 100,000,000 to Defendant A Co., Ltd. (hereinafter “A”), and F with respect to the above obligation, the Defendant B jointly and severally guaranteed the above obligation within the limit of KRW 500,000,000,000.

C. On March 30, 2002, Korea Light Bank transferred its loan claims against A to a limited-liability company specialized in Korean financial system, and on April 27, 2002, notified A of the transfer of claims by mail verifying the content of the transfer.

On February 14, 2003, a limited liability company specializing in Korean financial derivatives has transferred the above loan claims to the promotion mutual savings bank, and on February 27, 2003, notified A of the transfer of claims by mail.

E. On June 15, 201, the promoting mutual savings bank transferred the above loan claims to the Plaintiff Company, and on July 21, 2011, notified A of the assignment of claims by content-certified mail.

F. Meanwhile, the F died on May 17, 2012, and there was Defendant D and E, the wife of the Defendant C and his/her children, as the inheritor of the property. The said Defendants obtained special approval on December 11, 2015 from Suwon District Court Sung-nam Branch 2015Ra1469.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Determination as to Defendant A and B: Defendant A: Decision on deemed confession (Article 208(3)2 and Article 150(3)2 of the Civil Procedure Act)

B. According to the above facts of recognition as to Defendant C, D, and E, Defendant C among the deceased F’s heir’s properties.