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(영문) 서울중앙지방법원 2015.05.13 2015가합511311
양수금
Text

1. The defendant is jointly and severally liable for bankruptcy debtor Eul and the plaintiff 200,000,000 won.

Reasons

1. The following facts, based on the determination as to the cause of the claim, may be found either as a dispute between the parties or as a whole as to the statements in Gap 1, 2 (including paper numbers) and 3 evidence.

On July 31, 2003, the Sejong Telecom Co., Ltd. (hereinafter referred to as the “Sol Telecom”) entered into a credit transaction agreement with the Korea Exchange Bank (hereinafter referred to as the “Korea Exchange Bank”) on the amount of 10,000,000 US dollars, and on January 30, 2004 due date of the agreement, borrowed the above contract amount. At the time, the Defendant, at the time, set the guarantee limit amount as US$ 26,00,000 with respect to the loan obligations against the above bank of Sejong Telecom.

On May 31, 2005, the claim against the Scomcom and the Defendant of the Korea Exchange Bank was transferred to a limited liability company specializing in Blue Asset-backed securitization. On April 30, 2009, the claim was transferred to the Plaintiff again on or around April 30, 2009.

As of December 3, 2014, the principal of the loan that has not been repaid is KRW 8,946,725,074.

On the other hand, the Sejong Telecom was declared bankrupt on May 10, 2006 (the Incheon District Court 2006Hahap4) and B was selected as a trustee in bankruptcy.

Therefore, the defendant is jointly and severally liable to pay the above unpaid loans and interest to the plaintiff within the limit of US$26,000,000 to the bankruptcy trustee B of the Loste Telecom.

2. The defendant's defense of the expiration of the extinctive prescription against the defendant by the plaintiff is proved to have expired after the expiration of the extinctive prescription period. However, according to the evidence evidence No. 4, it can be acknowledged that the payment order (Seoul Central District Court 2004Guj32506) against the defendant of the Korea Exchange Bank against the defendant of the Korea Exchange Bank (Seoul Central District Court 2004Guj32506) became final and conclusive on December 31, 2004, and on December 3, 2014, the fact that the plaintiff applied for the payment order to the defendant on December 3, 2014, which was ten

3. Conclusion, the Defendant, jointly and severally with the bankruptcy trustee B, filed a claim with the Plaintiff for KRW 200,000,000, which is filed by the Plaintiff.

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