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(영문) 부산지방법원 2016.04.21 2015가합47405

양수금

Text

1. The Plaintiff:

A. The defendants are jointly and severally liable for 356,716,470 won and 314,850,000 won among them. < Amended by Presidential Decree No. 18440, Jun. 28, 2004>

Reasons

1. Grounds for claim;

A. The non-party to the loan agreement of Defendant A Co., Ltd. (hereinafter “the non-party to the loan agreement”) concluded a credit guarantee agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) upon the application of the credit guarantee agreement and issued a credit guarantee certificate. Defendant B, C, D, and E Co., Ltd. jointly and severally guaranteed the agreement as indicated below in the following sight table, and the non-party Fund subrogated to the amount as stated in the list below as the credit guarantee accident of Defendant Co., Ltd. occurred.

F Guarantee Number G H H H H’s subrogated amount of KRW 45,960,534 won 146,220,881 won 316,540,649 won in total 39,540,649 won in total, 146,220,81 won in total,881 won in 39,540,649 won in total, 39,917,390 won in 146,220,881 won in total, 316,540,649 won in 205,390 won in total at the time of the final and conclusive judgment -3,017,320 won in total at the time of the final and conclusive judgment -3,01,00 won in total at KRW 40,961,2780 in total,238,201,318,204, 310D, 317D, and C (B) in joint and joint surety.

B. When the Defendants did not pay the above amount by subrogation against the Defendants, the non-party fund filed a lawsuit against the Defendants, such as the amount of reimbursement, etc., with the Busan District Court 2004Gahap12250, and obtained a favorable judgment against the Defendants. The above judgment was respectively finalized as of October 25, 2005.

C. Under 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, the Plaintiff’s non-party to the debt transfer to the Defendant Company.

Therefore, the plaintiff who received the claim can claim against the defendants for the same amount as that stated in the purport of the claim.

(The plaintiff may claim against the defendants 507,862,710 won and damages for delay, but only the part of the above amount shall be claimed). 2. Grounds for recognition

A. Article 208(3) of the Civil Procedure Act provides that Defendant A, B, C, and E shall serve by public notice.