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(영문) 서울중앙지방법원 2020.07.09 2019가단5170136
보증채무금
Text

1. The Plaintiff’s rehabilitation claims against B shall be fully repaid from August 15, 2018, including KRW 24,985,576.

Reasons

1. Basic facts

A. On March 30, 201, the Korea Development Bank Co., Ltd. (hereinafter “the Bank”) established the industrial operating fund of KRW 3.6 billion from the Korea Development Bank (hereinafter “the due date”) at the rate of 7.5.% per annum on December 31, 2016, and received a loan, B guaranteed the said company’s debt.

B. On April 19, 2017, the bank transferred the obligation to the Plaintiff and notified the obligor of the fact of transferring the obligation.

C. On December 10, 2019, during the instant lawsuit pending, the rehabilitation procedure for B was commenced on December 10, 2019 (U.S. District Court 2019dan176), and B, a debtor for rehabilitation, was deemed a custodian, and the Plaintiff reported the instant claim as a rehabilitation claim in the said rehabilitation procedure, and thereafter, B raised an objection thereto and taken over the instant legal procedure as a custodian.

[Ground for recognition] Unsatisfy

2. The Plaintiff’s assertion that the principal amount as of February 28, 2017 exceeds KRW 1,322,343,682, interest rate is KRW 13,205,295, and the overdue interest rate is 7.5% per annum.

Meanwhile, the Plaintiff received KRW 1,455,115,491 in the rehabilitation procedure against Nonparty Company on August 14, 2018. From February 28, 2017 to August 14, 2018, the interest rate of KRW 144,552,090 ( KRW 1,322,343,682 x 7.5% ± 7.5% ± 365 x 532 days).

If so, the principal and interest of the loans as of August 14, 2018 are KRW 1,480,101,067 (= Principal KRW 1,322,343,682 and interest KRW 157,757,385).

In addition, 12,639,260 won (the expenses incurred when a bank applies for a voluntary auction on real estate owned by the principal debtor around May 2017) has occurred at the expense of exercising rights. Ultimately, on August 14, 2018, the total amount of credit as of August 1, 2018 is KRW 1,492,740,327.

If 1,455,115,491 won repaid in rehabilitation procedures is appropriated for the total amount of the above bonds, the bonds of 37,624,810 won as of August 14, 2018 (the above amount shall be deemed as 37,624,836 won or for convenience) remaining.

3. Determination

A. On May 2017, the provisional payment of the Plaintiff’s assertion made by the bank that is the transferor, around May 201, after it acquired the instant loan claim by transfer.

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