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(영문) 서울중앙지방법원 2018.08.17 2017가합27490

양수금

Text

1. The Plaintiff:

A. The defendants are jointly and severally liable for 439,451,748 won and 30,982,384 won among them. < Amended by Presidential Decree No. 14835, Jul. 27, 1995>

Reasons

1. Indication of claim;

A. On July 22, 1994, Korea Standards Bank Co., Ltd. (hereinafter “Japan Bank”) entered into a credit limit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), with loans of discounted notes, credit limit of KRW 300,00,000, and interest rate of KRW 18% per annum. On July 22, 1994, the credit limit of October 13, 1994 increased by KRW 100,00,000 each, and the total credit limit was 500,000,000, and on October 22, 1994, Defendant B and C owed debt obligations of Defendant Co., Ltd under each of the above agreements on July 22, 1994, and joint and several surety loans of KRW 30,00,00 per annum pursuant to the above agreement. < Amended by Presidential Decree No. 14030, Oct. 13, 1994>

(hereinafter referred to as “first loan”). (b)

On September 15, 1994, Japan Bank entered into an agreement for a monetary loan with the Defendant Company to lend KRW 50,000,000 as collateral a promissory note, the face value and payment date of which are blank, and D and the Defendant B guaranteed the Defendant Company’s obligation under the above agreement on the same day, and the Japan Bank loaned KRW 50,000,000 to the Defendant Company in accordance with the above agreement.

(hereinafter referred to as “second loan”). (c)

On February 22, 1995, Japan Bank concluded a credit transaction ceiling agreement with the defendant company as a trade financing, and the defendant B and C guaranteed the defendant company's obligations under the above agreement on the same day, and the Japan Bank extended to the defendant company a total of KRW 17,60,000,000, including the sum of KRW 42,60,000,000, pursuant to the above agreement, on March 27, 1995, and KRW 135,000,000, pursuant to the above agreement. < Amended by Presidential Decree No. 14487, Apr. 15, 1995; Presidential Decree No. 150

(hereinafter “third-party loan”) d.

On January 29, 1996, the Defendant Company repaid KRW 11,617,616 of the loans and KRW 17,701,948 of the loans and KRW 11,617,616 of the loans and KRW 3 of July 26, 1995.

E. The Japanese bank filed a lawsuit against the Defendants and D on December 26, 1996, and filed a lawsuit against the Defendants and D on December 26, 199, and ① the Defendants jointly and severally hold 481,649,150 won [13,502,920 won for loans 165,982,384 won for loans 165,982,384 [30 won].