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(영문) 창원지방법원 2014.09.03 2013가합33430

양수금

Text

1. The plaintiff's lawsuit against the defendant B against May 8, 2008 and May 29, 2008 claim for monetary payment based on each joint and several surety contract.

Reasons

1. The following facts are based on the following facts pursuant to Article 150(3) and (1) of the Civil Procedure Act between the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”), and there is no dispute between the Plaintiff and the Defendant Company B between the parties, or may be recognized by comprehensively taking into account the respective descriptions and arguments in subparagraphs A and 6 (including each number, if any).

Defendant B (360,000,000 general financing loans of KRW 65,00,000 and KRW 65,000,000 on October 21, 2005, which are joint and several sureties of the credit subject (Guarantee Limit Amount) under the No. 1 of the Credit Transaction Agreement, and Defendant B (360,000,000 on May 8, 2008) of this case’s general financing loan of KRW 360,000 on May 29, 2008, Defendant B (954,000,000,000 on May 29, 2008) of this case’s general financing loan of KRW 3 guaranteed liabilities of KRW 45,00,00 on June 4, 2008, Defendant B (100,000,000 on June 4, 2008, Defendant B (hereinafter “Defendant New Bank”) of this case

A) The four credit transaction agreements with the Defendant Company were entered into, and Defendant B jointly and severally guaranteed each obligation owed by the Defendant Company to the new bank. The specific contents are as listed below (hereinafter referred to as Defendant B’s obligation as listed in the table below (hereinafter referred to as “instant Nos. 1, 2, 3, and 4” and collectively referred to as “each of the instant guaranteed obligations”.

2) The Defendant Company borrowed each of the above loans from the new bank.

B. On June 19, 2009, the new bank transferred all of the claims under the above credit transaction agreements with the Defendants to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation.

C. Defendant B’s bankruptcy and exemption on March 10, 209: (a) filed an application for immunity for bankruptcy and immunity with the Busan District Court 2009, the Busan District Court 1072, 2009Hadan1070 on March 10, 2009; and (b) filed the said court on October 8, 2009.