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(영문) 서울중앙지방법원 2014.11.14 2013가합54128

양수금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from January 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Loans 1) The Korea Housing and Commercial Bank of Korea (Seoulnam Bank; hereinafter “Housing Bank”) against the Defendants

(1) On October 9, 1995, Defendant A Co., Ltd. (hereinafter “Defendant Company”)

(2) The credit-limit transaction agreement between the Bank and the Bank of Korea (hereinafter “the credit agreement of this case”) at a rate of 19% per annum on October 9, 1996 and the credit-limit transaction agreement between the Bank of Korea and the Bank of Korea (hereinafter “the credit agreement of this case”).

(2) On October 10, 1996, the Defendant Company entered into a contract with the Housing Bank to extend the transaction period under the instant credit agreement to October 9, 1997, and Defendant C jointly and severally guaranteed the Defendant Company’s obligations.

3) On May 8, 1998, the Housing Bank agreed to extend the credit limit of the instant credit agreement with the Defendant Company to KRW 700 million, and entered into an agreement with the Defendant Company to increase the credit limit of KRW 700 million under the instant credit agreement again on June 5, 1998, and on June 5, 1998, the Defendant C guaranteed the said two changes agreement. (B) On March 1, 1999, the Housing Bank provided the Korea Asset Management Corporation (the Korea Asset Management Corporation (the Korea Asset Management Corporation (the Korea Asset Management Corporation) with the Defendant on May 11, 1999, and notified the Defendant Company of the fact of the transfer by mail. < Amended by Presidential Decree No. 16548, May 31, 199; Presidential Decree No. 16548, May 31, 199>

2) On September 18, 2012, the Korea Assets Management Corporation transferred the instant loan claims to the Plaintiff, and the Plaintiff notified the Defendant Company of the fact of the said transfer on October 19, 2012 as the agent of the Korea Assets Management Corporation. (c) The Defendant Company filed an application for commencement of composition with the Suwon District Court 98Da86, and the Defendant Company decided to commence composition on May 11, 1999, and to authorize composition on October 1, 199, and the said decision to authorize composition became final and conclusive on October 9, 199.

(hereinafter referred to as “instant composition procedure”) from 2.0