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(영문) 서울중앙지방법원 2018.02.20 2017가합528665
양수금
Text

1. As to KRW 98,087,381 and KRW 57,400,00 among them, the Defendant and the Plaintiff jointly and severally with B (C) from March 29, 2017.

Reasons

1. Facts of recognition;

A. The defendant's joint and several sureties 1) National Agricultural Cooperative Federation (hereinafter "SaB")

A) After entering into a loan transaction agreement with B as listed in the following table, the Defendant loaned the relevant money to B. At the time of each of the above loan transaction agreements, the Defendant jointly and severally guaranteed the obligation to the non-party bank B at the time of the above loan transaction agreements. B was deprived of the benefit of time due to the non-party bank’s failure to pay loans and interest accrued therefrom under each of the loan transaction agreements stated in paragraph (1). The outstanding principal and interest accrued as of September 20, 2016 are KRW 98,087,381 in total (i.e., the total amount of KRW 57,40,687,381 in total) (hereinafter referred to as “the loan claim of this case”).

A) Interest on the principal (cost) outstanding (cost) of the loan principal (cost 49,000,000,500,000 on December 13, 1999 as the joint and several surety (cost 30,000,000 on October 8, 1996, Defendant B on October 8, 1996, and Defendant B on October 30, 1999,900,900,000 on October 8, 1996, and KRW 8,497,998 in total) of the 79,000,000,000,000,400,400,000, 40,687,381

B. On August 19, 2010, the non-party bank entered into an asset acquisition agreement with the view to transferring the instant loan claims against B to the Joint Asset Management Company. On September 16, 2010, the Joint Asset Management Company entered into a contract for the transfer and acquisition of assets between the transferor, the non-party bank and the Plaintiff established under the Asset-Backed Securitization Act (hereinafter “Asset Securitization Act”) and transferred the status of the transferee under the said asset acquisition agreement to the Plaintiff. 2) The non-party bank notified the Plaintiff of the transfer of the instant loan claims against the principal debtor B on September 17, 2010 and September 18, 2010.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 13 (if there are various numbers, including numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the above facts of recognition are examined.

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