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(영문) 서울중앙지방법원 2015.11.20 2015가합705
양수금
Text

1. As to KRW 309,156,573 and KRW 80,00,00 among the Plaintiff, Defendant A shall be from August 15, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On April 21, 1997, the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) entered into a promissory trading agreement with the Defendant Hanwon Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and agreed to perform all obligations arising from the present and future loans, discount of notes, and other transactions of promissory notes, but the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) agreed to comply with interest, delay damages, etc. within the scope prescribed by the law.

In accordance with the above bill transaction agreement, the defendant company received loans from the Korea Mutual Saving and Finance Company in the manner of discount of notes as shown below, and the defendant A and B jointly and severally guaranteed the obligations to be borne by the defendant company to the Korea Mutual Savings and Finance Company according to the above bill transaction agreement as shown in the same table.

On June 16, 1997, 35,00,000 on June 16, 1997, which is a joint and several surety of the agreed date, Defendant A on June 25, 1997, 30,000,00 on June 31, 1997, and Defendant A on August 31, 31997, 8,000 C on August 25, 1997; 10,000 on August 4, 1998; 10,000,000 on August 10, 20, 1997; and

B. Since then, bills were all defaulted on the basis of the above loan agreement of the defendant company, and the repayment obligations of loans under the above loan details table to the mutual savings and finance companies of the defendant company shall be as listed below as of August 14, 2014:

Defendant Company 1 23,00,000,0034,391,059 467,399,391,391,391,051,059 2 Defendant Company A 80,000,000 229,156,57309,309,156,57330,57333 Defendant B 20,000,000 55,96,300,000, 75,966,300,300

C. Assets and liabilities of the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) are transferred to the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”), a financial resolution institution, on October 11, 199.

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