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(영문) 수원지방법원성남지원 2016.09.07 2016가합895
양수금
Text

1. The Defendants shall be jointly and severally liable to the extent of KRW 800,000,00 for Defendant A and KRW 591,852,381 for the Plaintiff and KRW 569.

Reasons

1. Facts of recognition;

A. The Defendant Company B (hereinafter “Defendant Company”) entered into a credit transaction agreement (19% of delayed damage rate) with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) as listed in the following table, and received loans from the foreign Exchange Bank as the amount corresponding to the amount stated below (19% of delayed damage rate). On December 26, 2006, the Defendant Company A guaranteed the Defendant Company’s obligation to the Korea Exchange Bank with the amount of guarantee limit 80 million won.

On December 20, 2006, 130 million won and above December 26, 2006, 200,000 won and above December 26, 2006, 200 million and above February 26, 2006, 50 million and above February 20, 2007, 50 million and above May 21, 2007, 20050 million and above May 20, 2007, 500 million and above December 7, 2007,

B. Around January 21, 2008, Defendant B lost the benefit of time due to Defendant B’s failure to repay the principal and interest under the above credit transaction agreement. At the time, the details of the principal and interest unpaid by Defendant B are as follows.

Separated principal interest or overdue interest (won) loan 19,500,000,000 2,406,359,206, December 26, 2006, the credit transaction loan loan 10,500,500,143,704 December 26, 2006, 43,500,000 5,368,034,207, February 207, 2007, the credit transaction loan 500,000,009,434,434,284 (won) total of 573,50,50,18,352,381

C. Since then, the above claims for loans against Defendant B of the foreign exchange bank were transferred in order of the social company, Ethys loan company, and Plaintiff, respectively, and each of the above claims assignment was notified to Defendant B and Defendant A.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The judgment on the cause of the claim shall be made on the basis of the appendant nature or accompanying nature of the principal obligation, if a claim against the principal obligor is transferred, the claim against the surety shall also be transferred, unless otherwise stipulated by the parties. In such cases, the requirements for setting up against the assignment of claim shall also be satisfied.

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