logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.28 2016나2010962
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On February 4, 2005, Homato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) lent KRW 2.6 billion to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on August 4, 2005 (the final due date due was extended several times, which became August 4, 2007), interest rate and delay damages rate at 12% per annum. Defendant B and C on the same day set the guarantee limit amount at KRW 3.9 billion.

In addition, on September 29, 2006, the Komato Savings Bank lent KRW 700 million to the defendant company on September 29, 2007 at the maturity date, and the interest rate and delay damages rate at 12% per annum. On the same day, the defendant Eul set the current and future credit transaction obligations (including interest, delay damages, and other incidental obligations) of the defendant company to the Komato Savings Bank on the same day as the guarantee limit of KRW 1 billion.

(B) each of the above loans to the Defendant Company of the Mapo Savings Bank (hereinafter “instant loans”).

In the procedure of voluntary auction (hereinafter “instant auction procedure”) conducted with respect to the real estate owned by the Defendant Company, the Korea Southern District Court reported the principal amount of KRW 3.3 billion and interest KRW 2,274,510,456 to the Seoul Southern District Court DD (hereinafter “instant auction procedure”) and received dividends of KRW 3,475,510,869 on April 8, 2010. The said dividends inside amounting to KRW 3.3 billion and the principal amount of the instant loan amounting to KRW 1,489,540, interest amounting to KRW 174,021,329 and KRW 2,100,489,127.

C. On June 28, 2011, the Komato Savings Bank transferred the instant loan claim, etc. to the Plaintiff, and at that time, the claim subject to transfer under Articles 1.1.01 and 2.01 of the contract for the sales and purchase of bonds (hereinafter “instant contract for sales and purchase of bonds”) prepared between the two parties.

arrow