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(영문) 창원지방법원 2014.06.19 2012가합31406
양수금
Text

1. The Plaintiff:

(a) Defendant A and B are jointly and severally 389,352,389 won;

B. Defendant A and C shall be jointly and severally KRW 60,000,000,000.

Reasons

1. Basic facts

A. As indicated below, F entered into each loan transaction agreement with the Busan Bank Co., Ltd. (hereinafter “Resan Bank”), and Defendant A, B, and C jointly and severally guaranteed each joint and several surety (hereinafter “the joint and several surety in this case”). F and the said Defendants approved that the basic terms and conditions for the loan transaction of the Busan Bank apply, and damages for delay are calculated at the rate of damages for delay determined by the Busan Bank.

(Unit : (Guarantee Amount) Joint and Several sureties for the agreed subject of the loan of 1.5 million won on September 5, 1995 (Guarantee Amount) A, B (6 million won each), A (commercial bill discount) on May 6, 1995 10 million won, A, B (18 million won each), and B (10 million won each), on February 14, 1995 3, 1995 - 15 million won of corporate facility installment loans of 5.6 million won on December 3, 1996 (6 million each), B (6 million won each), A on April 23, 1995, 1995, and B (6 million each), A on April 196, 196, 196, 1.6 billion won loans of 1.6 million won on April 29, 199 and 1.6 billion won loans of 12.6 billion won on other facilities A (14 million won each), B (1.4 million won each), 9.67.87.1987.7.984 million each.684.64 million

B. G issued to F on March 14, 1998 a note with a face value of 43,950,000 won at par value, and one promissory note with the due date of June 15, 1998 (hereinafter “instant promissory note”), and F was discounted from the Busan Bank in accordance with the credit limit transaction agreement No. 2 of the said table.

C. On the other hand, G died on August 23, 200, and the father, Defendant D, his property heir, and Defendant E, the mother, reported a qualified acceptance on August 13, 2009, and the same year.

9.2. The above report was accepted. D.

Then, after receiving the claim against the Defendants from the Busan Bank on September 15, 1998, the Plaintiff filed a lawsuit against the Defendants A, B, D, and E, which is the court 2001da10390, and the Defendants A, B, and C, respectively, with the court 2002Gada3051. Each of the above judgments was affirmed on September 11, 2002 and March 27, 2003.

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