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(영문) 수원지방법원 2018.11.22 2018가합13366
양수금
Text

1. The defendant shall be incorporated with B and 33,569,442 won and its related amount, from February 11, 1996 to October 19, 207.

Reasons

1. Judgment on the grounds of claim

A. In a civil trial of the relevant legal principles, even though it is not bound by the facts recognized in the judgment of another civil case, etc., the facts recognized in the relevant civil case which has already been established are valuable evidence, barring special circumstances, and thus, it cannot be rejected without reasonable grounds.

(Supreme Court Decision 94Da47292 delivered on June 29, 1995). B.

Facts of recognition

1) B Co., Ltd. (hereinafter “B”).

on April 29, 1993 C Co., Ltd. (hereinafter referred to as “C”)

B) As of July 10, 1995, the credit limit amount of KRW 900,00,000, and the period of the transaction was determined by the bill discount on April 29, 1994, and entered into a credit limit transaction agreement with the object of credit extension by means of a bill discount. On October 13, 1995, in addition to the above credit limit transaction agreement, B entered into an additional credit limit transaction agreement with the amount of KRW 240,00,000,00 in addition to the above credit limit transaction agreement. Pursuant to the above credit transaction agreement, B made a discount of total of 16 promissory notes from C as of each corresponding column, but each of the said promissory notes was treated as default thereafter.

3) The Defendant’s Promissory Notes No. 16 No. 69,50,00 of the amount of the Promissory Notes (the amount of the Promissory Notes No. 69,50,000, the due date of February 10, 1996; hereinafter “ Promissory Notes”)

(4) On December 29, 1998, C transferred all of the loan claims under the above credit transaction agreement to B pursuant to Article 4 of the old Act on the Disposal of Non-Performing Assets, etc. of Non-Performing Assets, etc. of Non-Performing Assets, etc. of Non-Performing Assets, etc. of Non-Performing Assets, etc. of Non-Performing Assets, and notified the Plaintiff on March

5 The Plaintiff claimed against B and the Defendant, etc. for the payment of the principal and interest of KRW 1,866,023,200 as to the principal and interest of KRW 598,913,797 as to the principal and interest of KRW 1,866,00,00 as Seoul Central District Court No. 2007Gahap53964, and damages for delay as to the Defendant, the following day from the date of the payment of the Promissory Notes as to the amount of KRW 33,569,442 as part of the amount of the Promissory Notes of this case.

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