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(영문) 서울중앙지방법원 2016.09.23 2015가합22422

양수금

Text

1. The Plaintiff:

(a) Defendant A Co., Ltd. is 229,157,189 won and, as regards this,

B. Defendant A, Inc.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Industrial Bank of Korea is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(A) each loan was made in accordance with the attached Table 1 (A) (hereinafter referred to as “instant loan”).

(C) Defendant B, the network G, etc. (hereinafter referred to as “joint guarantor”)

(2) On December 16, 2002, the Industrial Bank of Korea transferred the instant loan claims to SB partnership Co., Ltd. on December 16, 2002, and notified the Defendant Company on January 17, 2003, and the joint guarantor on July 30, 2003, respectively.

On February 27, 2004, SB Partners Co., Ltd. transferred the instant loan claims to Busan Savings Bank (hereinafter “SB Savings Bank”) and notified the Defendant Company and its joint guarantor of the transfer on May 13, 2004.

3) On August 3, 2004, Busan Savings Bank filed a lawsuit against Defendant Company and its joint guarantor claiming the acquisition amount of the instant loan (Seoul District Court 2004Gahap13185). The above court rendered the following judgment on August 31, 2005, which became final and conclusive on October 25, 2005 (hereinafter “the judgment”), and the lawsuit is called “the first instance lawsuit” and “the first instance lawsuit.”

1. The Plaintiff:

A. Defendant Company 1,132,502,271 won (attached Table 1 Nos. 1 through 3,5,6, 11, 13, 17, 28, and 30) and Defendant G is the defendant of the preceding judgment and is not the defendant in this case, but the status of the parties is stated as indicated in the preceding judgment.

(hereinafter the same shall apply)

Of the above money jointly and severally with the defendant company 130,000,000 won (the amount guaranteed by Nos. 17 of the same Table) and the corresponding amount;

B. Defendant Company B, I, and G are jointly and severally 540,000,000 won Nos. 4,12.