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(영문) 서울중앙지방법원 2020.11.13 2020가단5082761
양수금
Text

1. Each part of the claim for payment of money corresponding to each claim listed in the list of the instant lawsuit (attached Form) shall be dismissed.

2...

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter referred to as “E”) entered into a loan transaction agreement with Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”) as listed in the following table, and made loans 1 to 5 (hereinafter collectively referred to as “each of the instant loans,” and individually named, indicated “net lending” as indicated in the “net lending”).

As indicated in the “Joint Guarantee” column of the same Table, Defendant C provided each joint and several guarantee for the Defendant Company’s loan obligations regarding each of the instant loans, and Defendant D provided each of the Defendant Company’s loan obligations regarding the first and second loans.

Since then, part of the principal and interest of each of the instant loans was repaid.

Defendant C, DF, Co., Ltd., H, and I’s 22% on August 22, 200 on August 22, 1997, which is a joint and several surety with the interest rate in arrears on the date of loans, Defendant C, DF, G, H, and I’s 22% on September 8, 2002, 20,000, 17% on June 11, 1998, 200,000 on June 11, 200, Defendant CF, G, H, and I’s 23% on June 26, 200 on June 11, 200, Defendant CF, CF, G, H, and I’s 10,000 on December 120, 1998, Defendant CF, 36% on June 30, 209, 209;

B. On May 30, 2001, Nonparty E was declared bankrupt by the Gwangju District Court, and on August 25, 2004, the bankruptcy trustee transferred the Plaintiff the remainder of the loans of this case. The fact of transferring the claims to the Defendants was notified.

C. On August 5, 2005, the Plaintiff filed a lawsuit claiming acquisition money against the principal debtor and joint guarantor of each of the instant loans including the Defendants.

On May 3, 2007, the Gwangju District Court (2005Gahap7162) rendered a judgment in favor of all the plaintiffs of the same order (this is related to loans 1, 2, 1-B, 3, 1-3, 4, and 5) as follows, and this became final and conclusive on May 24, 2007.

The first final judgment is called “the first final judgment.”

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