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(영문) 서울중앙지방법원 2015.02.10 2014가합54071

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 155,00,000 as well as 20% per annum from November 18, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) On December 26, 1997, the defendant is a new mutual savings and finance company (hereinafter referred to as "new mutual savings and finance company") which is the bankrupt company, the new mutual savings and finance company.

Between the two, the Promissory Notes Agreement (hereinafter “The Promissory Notes Transaction Agreement”) provides that the amount borrowed shall be KRW 1,150,000,000 annually, the interest rate of KRW 30% per annum, the interest rate in arrears shall be 33% per annum, the transaction period shall be fixed as of December 25, 1998.

A) A entered into a contract, and A jointly and severally guaranteed the Defendant’s obligation under the aforesaid clearing agreement with the new treasury at the time. 2) The Defendant borrowed KRW 1,150,000,000 in total from the new treasury on three occasions between April 15, 1998 and April 21, 198 in accordance with the Promissory Notes transaction agreement.

3. On April 16, 199, the new daily savings depository was declared bankrupt by the Incheon District Court. Since then, the Korea Deposit Insurance Corporation appointed as the trustee in bankruptcy of the new daily savings depository filed a lawsuit against the defendant and A claiming a loan, etc. against the above amount loaned under the Seoul Southern District Court 2003Gahap14882. The above court accepted only the claim against the defendant on August 26, 2008, and ordered the defendant to pay KRW 650,000 to the trustee in bankruptcy of the new daily savings depository, and ordered the defendant to dismiss the claim against A.

The Korea Deposit Insurance Corporation of the New Daily Treasury was dissatisfied with the judgment against A, Seoul High Court 2004Na69804 decided August 23, 2005, and the appellate court was jointly and severally with the Defendant and jointly with the Defendant to the Korea Deposit Insurance Corporation of the New Daily Treasury 650,000,000 won.

The judgment was sentenced to "," and the above judgment became final and conclusive at that time.

4 On June 30, 2009, the new treasury was the name of the plaintiff at the time of the plaintiff, "Financial Corporation for Liquidation of the Stock Company".

The new treasury entered into an asset acquisition agreement and transferred all of the above bonds held by the new treasury against the defendant to the plaintiff, and the same year.

8. The defendant 18.