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(영문) 서울중앙지방법원 2020.11.12 2020가합543138
양수금
Text

The Defendants are jointly and severally liable to the Plaintiff

A. From August 17, 2018, Defendant B Co., Ltd. with respect to KRW 91,89,797 and its amount.

Reasons

1. Basic facts

A. On August 19, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 450,000,000 from the Industrial Bank of Korea on the basis of the Bank’s credit expiration date, interest rate fluctuation rate, etc. (hereinafter “instant first loan agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s loan obligations under the instant first loan agreement.

B. On February 12, 2016, Defendant Company obtained a loan of KRW 180,00,000 from the Industrial Bank of Korea on February 12, 2016, with interest rate fluctuation rate, etc. (hereinafter “instant loan agreement”). The Defendant Company jointly and severally guaranteed the Defendant Company’s loan obligations under the instant loan agreement, setting the loans under the instant loan agreement as KRW 216,00,000, by referring to the instant Claim 1 and the instant Claim 2; and Defendant C jointly and severally guaranteed the Defendant Company’s loan obligations under the instant loan agreement, with the limit of guarantee KRW 216,00,000.

C. The Defendants did not pay for the principal and interest of the instant loan agreement and each of the instant second loan agreements, thereby losing the benefit of time.

On June 8, 2017, the Industrial Bank of Korea concluded an asset acquisition agreement with D Co., Ltd. (hereinafter “D”) on the transfer of each of the instant claims, etc. to D.

On June 29, 2017, the Industrial Bank of Korea, D, and E Limited Companies (hereinafter “Industrial Bank”) concluded a contract for transfer and acquisition of assets with the effect that D transfers all rights, obligations, and contractual status of purchaser under the above asset acquisition agreement to the non-party special purpose company, thereby becoming a party to the above asset acquisition agreement.

The Industrial Bank of Korea established on June 30, 2017 and July 7, 2017, shall be named "the defendant company" as the defendant company.

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