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(영문) 서울중앙지방법원 2015.01.09 2013가합560104

양수금

Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 198,239,356 and KRW 68,546,67 among them, from December 2, 2013.

Reasons

1. The following facts are acknowledged among the Plaintiff, Defendant A, C, and E by taking full account of the overall purport of the pleadings as indicated in the Evidence A Nos. 1 through 11 (including each number), and Defendant D is deemed to have been led to confession pursuant to Article 150(3) and Article 150(1) of the Civil Procedure Act between the Plaintiff and Defendant D.

A. Defendant A received the corresponding money from each of the financial institutions listed below, Defendant B obtained the loans from the respective financial institutions listed below, Defendant C jointly and severally guaranteed the Defendant A’s loans with respect to the loans No. 1, Defendant D with respect to the loans No. 4, and Defendant A with respect to the loans No. 2 and 3, respectively.

[Attachment D] Defendant B, Defendant B, and Defendant E-4, Defendant E-4 of November 14, 1996, KRW 10 million,000,000 won on August 15, 1997, the joint and several surety loans of which are 10 million on August 8, 1997, Defendant C-2 Seoul Credit Union 10,000,000 won on October 15, 1997, and Defendant D-5 Agricultural Cooperative 1,000,000 won on November 14, 1996. < Amended by Presidential Decree No. 155035, Oct. 14, 1997; Presidential Decree No. 16583, Apr. 1, 199; Presidential Decree No. 15565, Oct. 15, 199>

B. In addition, around April 19, 195, Defendant A borrowed KRW 10 million from a new life insurance company as collateral for a small loan guarantee issued by Seoul Guarantee Insurance Co., Ltd., and around April 26, 1997, the occurrence of a guarantee accident which delayed interest on the loan occurred, and Seoul Guarantee Insurance Co., Ltd. paid KRW 11 million to the new life insurance company around July 20, 1999 and acquired the claim for indemnity amount equivalent to the same amount against Defendant A.

C. Meanwhile, from July 2012 to June 2013, the Plaintiff received the claim against Defendant A from each financial institution and Seoul Guarantee Insurance Co., Ltd. as indicated in the above table, and around that time, notified Defendant A of the assignment of claim upon delegation by the transferor.

The balance of claims against each financial institution listed in the above table and the defendant A of Seoul Guarantee Insurance Co., Ltd. shall be based on December 1, 2013.