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(영문) 서울중앙지방법원 2018.02.20 2017가합531456
양수금
Text

1. The Defendants shall be jointly and severally with C, but Defendant A shall not exceed KRW 143,00,000, and Defendant B shall not exceed KRW 169,00,000.

Reasons

1. Claim for the payment of acquisition money on the ground that the Plaintiff acquired the claim for joint and several guarantee payment under each comprehensive collateral guarantee contract (as Seoul Central District Court Decision 2006Gahap85841, August 3, 2007, the Plaintiff filed the same claim against the Defendants as Seoul Central District Court Decision 2006Gahap85841, which became final and conclusive on August 3, 2007, as to the Defendant’s entire winning judgment) which was concluded against the Industrial Bank of Korea on February 1, 199 as to the obligation for loans to C’s Industrial Bank of Korea (the principal and interest of the loan is KRW 90,673,563, and the balance of

A. The comprehensive continuing guarantee contract between Defendant A and the Industrial Bank of Korea on May 3, 1994 (the guarantee limit is KRW 143 million)

B. The comprehensive continuing guarantee contract dated June 28, 1994 between Defendant B and the Industrial Bank of Korea (the guarantee limit is KRW 39 million), and the comprehensive continuing guarantee contract dated July 29, 1994 (the guarantee limit is KRW 130 million)

2. Applicable provisions;

(a) Defendant A: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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