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(영문) 인천지방법원 2017.08.18 2017가합489
양수금
Text

1. The defendant shall be the plaintiff.

(a) jointly and severally with C 25,298,629 won;

B. Joint with C and D Co., Ltd.

Reasons

Basic Facts

Seoul Bank Co., Ltd. (hereinafter “Seoul Bank”) extended money to C(hereinafter “C”) on four occasions, and the Defendant and D jointly and severally guaranteed the above loans.

The Korea Asset Management Corporation acquired the above loan claims and joint and several surety claims from the Seoul Bank, filed a lawsuit against C, Defendant, and D with the Incheon District Court 2006Gahap13724, and obtained a favorable judgment on May 9, 2007 (hereinafter “instant judgment”). The instant judgment became final and conclusive against the Defendant on June 1, 2007.

1.Korea Asset Management Corporation,

A. C and the defendant shall be jointly and severally 25,298,629 won,

(b) C, the Defendant, and D are jointly and severally 25,298,629 won;

C. C and the defendant shall be jointly and severally liable to the extent of KRW 2,600,00,000, and 19% per annum for KRW 1,103,929,824 and for KRW 291,842,40 from September 21, 2006 to the date of full payment, the amount of money calculated at the rate of KRW 19% per annum;

D. C and the defendant jointly pay 283,515 won.

2. The costs of the lawsuit shall be borne by C, Defendant and D.

3. Paragraph 1 can be provisionally executed.

On October 21, 2015, the Korea Asset Management Corporation transferred the instant claim for the judgment amounting to KRW 18,000,000,000 of the instant claim for the judgment amounting to KRW 18,000,000, the Korea Asset Management Corporation transferred the instant claim to the Plaintiff. Accordingly, the details of the agreement made between the Plaintiff and the Plaintiff are as follows:

A contract for the transfer and takeover of bonds: The seller: the first sale and purchase of bonds subject to sale under Article 1 (Sale and Purchase of Bonds subject to Sale) of the Plaintiff (hereafter the same shall apply in this table)

1. A claim to be sold under this Agreement shall be the Incheon District Court.

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