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(영문) 부산지방법원 2018.01.10 2017가합45472

양수금

Text

1. The defendant shall pay to the plaintiff KRW 325,562,665.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged in full view of each of the statements and arguments in Gap evidence Nos. 1-1, 2, 2, and 3 and the purport of all of the arguments and arguments, which are significant in this Court:

1) The New World Finance Corporation (hereinafter referred to as “New World Financial Corporation”)

on March 31, 1997, B Co., Ltd. (hereinafter referred to as “B”).

(2) The Promissory Notes Agreement with a limit of transaction with the Bank of Korea (hereinafter referred to as the “Agreement”).

(2) On September 26, 1998, the Defendant jointly and severally guaranteed all obligations owed by B with respect to the new global species in accordance with the above agreement. (3) On September 26, 1998, the new global species was sentenced by Busan District Court and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

3. On February 10, 1998, the Korea Deposit Insurance Corporation issued a promissory note with a face value of KRW 680,000,000 to the New World Deposit in accordance with the instant agreement, and received a loan equivalent to the said amount from the new World Deposit, and filed a lawsuit seeking the payment of damages for delay against the defendant, etc., who is a joint guarantor, as Busan District Court Decision 2006Kadan128633 on the ground that he did not repay the above amount of damages for delay incurred until September 18, 2001. The above judgment was sentenced on March 29, 200 to the above court that "the defendant shall pay the Korea Deposit Insurance Corporation KRW 362,739,568" from the above court on March 29, 207.

4. 21. A final and conclusive date.

4) On July 25, 2012, the Korea Deposit Insurance Corporation entered into an asset transfer agreement with the Plaintiff on July 25, 2012, under which the Plaintiff was entitled to transfer the assets of the new world reserve deposit to the Plaintiff. 5) On January 12, 2015, the Plaintiff received an execution clause to succeed to the said judgment in accordance with the asset transfer agreement, and the said succession execution clause was served on the Defendant on the 29th day of

B. According to the above facts of recognition, the defendant is the transferee of the above judgment amount unless there are special circumstances.