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(영문) 서울중앙지방법원 2016.11.23 2016가단64686

양수금

Text

1. The Plaintiff:

A. 1 Defendant A shall have full payment of KRW 120,961,859 and KRW 40,000,000 among them, from November 4, 2005.

Reasons

1. Facts of recognition;

A. Each of the loan agreements of this case, the new Central Mutual Savings and Finance Company (hereinafter “New Central Mutual Savings and Finance Company”) concluded with Defendant A a loan agreement with the amount of ① 820,000,000 won on May 23, 1997, and the annual interest rate of delay damages (hereinafter “Agreement 1”) 21% on May 23, 1997 (hereinafter “the loan agreement”). The loan agreement between Defendant A and the amount of KRW 1,060,000,000 on May 23, 1997; the repayment date of KRW 1,060,000,000; the interest rate of KRW 16% on May 23, 199; and the delay damages rate of KRW 21% on a yearly basis (hereinafter “Agreement 2”); and on the same day, Defendant B Co., Ltd. (hereinafter “Defendant B”) jointly and severally guaranteed the obligation under the Agreement 2.

B. After the acquisition of the Plaintiff’s claim, the new Central Treasury went bankrupt, and on November 3, 2005, the bankruptcy trustee transferred the claim based on the first and second agreements to the Plaintiff (former Corporate Reorganization Financial Corporation) and notified the Defendant A of the transfer on December 9, 2005.

C. Meanwhile, on April 28, 1999, the new Central Treasury filed a lawsuit against Defendant A, B, and E seeking loans under the 2nd agreement with the Seoul District Court Decision 98Da304854, and accordingly, on April 28, 199, the court rendered a ruling that “Defendant A, B, and E shall jointly and severally pay to the new Central Treasury 50 million won and the amount calculated by 21% per annum from July 30, 1997 to the date of full payment.” The above ruling became final and conclusive on May 26, 199.2) In addition, the plaintiff filed a lawsuit against the defendant A and E with the court 2006Ga371, which is calculated on April 7, 2006 as the first agreement with the court 2006Da3771, and accordingly, the court rendered a judgment with respect to KRW 100,000,000 and KRW 2184,281,298.

E Death, inheritance, etc. 1 E died on December 18, 2008, and the deceased’s wife F and children.