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(영문) 대전고등법원(청주) 2014.09.16 2013나20442
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with A Co., Ltd. and the plaintiff.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) entered into each loan agreement with a new bank (hereinafter “new bank”) as described in Table 1 below (hereinafter “each of the instant loan agreements,” and each of the separate loan agreements is specified by the sequence Nos. 1 below). At the time, the Defendant, a representative director of the A company, was jointly and severally guaranteed by each of the joint and several sureties.

on January 13, 2006, the date of repayment of the credit amount of the loan under the section 1 dated 13, 2006, the date of the agreement No. 1. 5080, Jan. 31, 2006, the general loan 7.7, Jan. 30, 2008, Jan. 31, 2006, the general loan 30, Jan. 30, 2006, May 12, 2007.

The defendant resigned from the representative director of A company on May 11, 2007, and D was appointed as the representative director of A company on the same day.

C. 1., 2.

3. As to a loan agreement, C Co., Ltd. (hereinafter “C”) and D were added to each joint and several sureties on May 14, 2007.

This case

4. In the case of a loan agreement, on May 21, 2007, the repayment date was postponed from May 12, 2007 to July 12, 2007, and the C and D were added as joint and several sureties, and around that time, the Defendant was excluded from the joint and several sureties.

On March 26, 2009, the New Bank transferred all of the claims related to each of the instant loans agreement to the Plaintiff, and notified the Company A, a primary debtor, of April 8, 2009.

E. Under each of the instant loan agreements, the remaining principal, interest, and delay damages as of June 6, 2012 (hereinafter “refist damages, etc.”) are as listed below:

No. 2 of the table 13 50,67,525 123,677,525 123,677,525 25 506,653,653,731,005,986,889 307,805,215 703,805,215 73,805,73,805,73,805,805, 73,805,805, 805, 73,805, 705, 73,705, 704, 706, 704, 136, 4731, 206, 4636, 469, 69, 6629

F. Under each of the instant loan agreements, the damages for delay will be in accordance with the rate of damages for delay determined and publicly notified by the new bank.

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