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(영문) 서울서부지방법원 2012.05.10 2009가단67378

대여금

Text

1. The Plaintiff:

A. Defendant A and B shall be jointly and severally liable for KRW 200,000,000 within the limit of KRW 1,700,000,000.

Reasons

1. Basic facts

A. A. On July 3, 1997, the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) established a guarantee limit of KRW 75,000,000 for each of the above obligations against Korea Exchange Bank (hereinafter “F”) with respect to F Co., Ltd. (hereinafter “F”), including interest of KRW 1 billion per annum 0.5% per annum, term of one year, and loans extended from April 28, 1995 to March 2, 1998 (hereinafter “each of the above obligations”), and on September 19, 192, Defendant C provided a guarantee limit of KRW 75,00,000 for each of the above obligations against Korea Exchange Bank (hereinafter “F”), and Defendant C set a guarantee limit of KRW 10,500,000 for each of the above obligations against Korea Exchange Bank (hereinafter “Korea Exchange Bank”). Defendant C set a guarantee limit of KRW 570,500,000,000,000 for each of the above obligations against Korea Exchange Bank.

(2) At the time of each of the above loan agreements, F approved that the basic terms and conditions for banking transactions apply to the loans. According to such agreement, if the agreed term is not less than one year, the bank may change the interest rate, etc. as determined by the bank. The overdue interest rate on the basis of around December 200 is 25% per annum.

B. On December 22, 200, the Korea Exchange Bank transferred all of the loan claims against F to a specialized company for normal securitization under the Asset-Backed Securitization Act and the Enforcement Decree of the same Act, and sent to F a content-certified mail containing the above transfer. On May 30, 2003, a specialized company for normal securitization sent e-mail to F.g., KRW 894,217,652, and USD 480,00,000, and all of the rights incidental to foreign currency claims to F, and sent to F a content-certified mail containing the above transfer.

(2) On June 25, 2003, 894,217,652 won against F (bonds based on the credit transaction agreement dated July 3, 1997) and US$ 480,000.