logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.05.13 2015가단111409
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 63,00,000 and its amount from December 7, 1997 to December 23, 2015.

Reasons

1. Facts of recognition;

A. On February 19, 1993, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd”) entered into a bill transaction agreement with Daegu General Finance Co., Ltd. and the limited amount of KRW 3 billion, the due date of maturity, and the due date of February 18, 1998, at the rate of 21% per annum.

B. G and F have jointly and severally guaranteed the obligations under the said Promissory Notes Agreement for the Defendant Company.

C. Until December 1, 1997, Daegu General Finance Co., Ltd. leased a total of KRW 2,840,247,076 to the Defendant Co., Ltd. by December 1, 1997. Around December 1, 1997, a total of KRW 2,840,247,076 was issued by the Defendant Co., Ltd., and the issuance date was issued by the Defendant Co., Ltd., Dec. 6, 1997; the Daegu Branch of the Industrial Bank of Korea at the place of payment; the Bank of Korea at the place of payment; and a promissory note which constitutes the face value 2,840,247,076, which is the due date, was refused to pay.

After that, the Defendant Company paid KRW 2,216,405,556 to the Defendant Company. The said money was appropriated for principal, and the money to be repaid by the Defendant Company as of April 3, 2015 is KRW 623,841,520 out of the loan principal and interest in arrears.

E. Meanwhile, on December 4, 1998, Daegu General Finance Corporation was declared bankrupt by the Daegu District Court. On the same day, the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee. On May 13, 2012, the Korea Deposit Insurance Corporation of Daegu General Finance Corporation transferred the above loan claim to the Plaintiff, and notified the Defendant Company of the assignment of the above loan claim.

G. On September 22, 1998, F died, and among the children of the above deceased, Defendant E, Defendant D, and Defendant C inherited the deceased’s property. Defendant E and Defendant D were subject to the Daegu District Court’s Family Branch Decision 2003Ra505 and Daegu Family Court’s Family Court’s Decision of 2015Ra2987, respectively.

H. G died on October 10, 201, and Defendant C and Defendant E inherited the deceased’s property, a sibling of the deceased.

[Ground of recognition] Gap evidence 1 to 9 (including paper numbers), Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim.

arrow