(영문) 서울중앙지방법원 2019.04.25 2018가합529146

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(영문) 서울중앙지방법원 2019.04.25 2018가합529146

양수금

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1. The Defendant’s KRW 1,827,106,071 and KRW 1,290,00,000 among the Plaintiffs, from June 28, 2008 to May 31, 2018.

Reasons

Facts of recognition

A. On December 16, 2005, D Bank entered into a credit transaction agreement with Nonparty E and its credit period from December 16, 2005 to March 16, 2006 (hereinafter “the first credit transaction agreement of this case”).

B. On the same day, on December 16, 2005, the Defendant jointly and severally guaranteed the obligations under the first credit transaction agreement of this case, concluded a mortgage contract with the Do bank with respect to the Seoul Jongno-gu Seoul F land and its ground buildings (hereinafter “each real estate of this case”) under the name of the Defendant, and completed the registration of establishment of a mortgage.

C. On June 30, 2006, the D Bank and the Defendant concluded a credit transaction agreement with the content that the Defendant will take over the status of the obligor under the first credit transaction agreement and the mortgage contract, and again, concluded a credit transaction agreement with the credit amount of KRW 1.29 billion from June 30, 2006 to September 30, 2006 (hereinafter “the second credit transaction agreement of this case”).

(hereinafter referred to as the “instant obligation” in total, of the obligations under the first and second credit transaction agreements.

The amount of the instant debt was KRW 1,415,966,269 as of December 29, 2006 (i.e., the loan principal of KRW 117,70,00,000 overdue interest of KRW 117,703,840, and KRW 8,262,429). ② At the time of June 27, 2008, KRW 1,827,106,071 (=the loan principal of KRW 1,290,00,000 overdue interest of KRW 531,00,067,491).

E. On June 27, 2008, the plaintiffs acquired the principal, interest, delay damages, rights against the guarantor and all other rights incidental thereto from the D bank, and notified the defendant of the assignment of claims on July 10, 2008. The above notification reached the defendant on July 15, 2008.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

A. According to the above facts of recognition as to the cause of the claim, the defendant does not have any special circumstances.

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