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(영문) 서울중앙지방법원 2016.05.20 2015가합24213

양수금

Text

1. The defendant shall pay 252,000,000 won to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On October 20, 1992, Gyeongnam Investment Finance Co., Ltd. entered into a bill transaction agreement with C Co., Ltd. (hereinafter “D”) with a limit of KRW 4.9 billion. On the same day, A who was the representative director D, jointly and severally guaranteed the obligation based on the bill transaction agreement with D with respect to the payment for the balance of Gyeongnam.

In accordance with the Agreement on Transactions of Bills of Exchange and Promissory Notes, the payment of the amount equivalent to the amount of the Promissory Notes was received from D in accordance with the Agreement on Transactions of Bills of Exchange and Promissory Notes, but each Promissory Notes was rejected on the date of payment due to non-transaction.

The issue date of the bill (unit: 500,000,000 on November 10, 1997 at the interest rate of the discount notes (E) A A 500,000,000 on November 13, 1997 at the interest rate of November 13, 1997, 21% on the discount notes (F) D A 1,00,000,000 on November 13, 1997, 21% on February 17, 1998, 21% on February 3, 1998, 300,000 discount notes (G) D D on November 17, 1997 (G) on November 17, 1997, 200,000 on December 21, 190,000,0000

B. On September 27, 1994, Gyeongnam Investment Finance Co., Ltd. changed its trade name to Gyeongnam National Finance Co., Ltd. (hereinafter “Seoul National Finance Co., Ltd.”) and completed its registration on September 30, 1994.

C. On September 30, 1998, the Changwon District Court was declared bankrupt, and on June 11, 2004, the Korea Deposit Insurance Corporation transferred the above loan claim against D to the Korea Deposit Insurance Corporation, the Korea Deposit Insurance Corporation, which notified D of the transfer of the above loan claim.

The Liquidation Bank Corporation filed a lawsuit against A, who is a joint guarantor of the above loan claims, as Seoul Central District Court 2005Kahap46061, and on October 7, 2005, the above court rendered a judgment that "the defendant (A) shall pay to the Liquidation Corporation 2,260,954,430 won and 1,547,500,076 won with 21% interest per annum from March 23, 2004 to the date of full payment," and the above judgment became final and conclusive on November 1, 2005.

E. The Korea Finance Corporation shall change the trade name on November 10, 2009 to the Plaintiff and make its registration on November 11, 2009.