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(영문) 서울중앙지방법원 2014.12.19 2014가합9354 (1)
양수금
Text

1. The defendant shall pay KRW 285,694,214 to the plaintiff jointly with B.

2. The costs of the further judgment are assessed against the Defendant.

Reasons

1. Facts of recognition;

A. On July 30, 1992, the bankrupt Han-gu Comprehensive Finance Co., Ltd. (hereinafter “Korea Comprehensive Finance Co., Ltd.”) (hereinafter “Korea Comprehensive Finance Co., Ltd.”) concluded a bill transaction agreement with a green chemical Co., Ltd. (hereinafter “Korea Comprehensive Finance Co., Ltd.”) with a maximum amount of KRW 1 billion, and concluded a bill transaction agreement with no set of transaction period, and carried out individual loans to green chemical, including KRW 70 million on March 17, 1998, and KRW 200 million on March 198. The Defendant and B jointly and severally guaranteed the obligation to repay loans under the above bill transaction agreement with respect to Han-gu Comprehensive Finance Co., Ltd. (hereinafter “Korea Comprehensive Finance”).

B. Han-do comprehensive financial company filed a lawsuit against the defendant and B against the Busan District Court 2003Ga71613, Busan District Court. The above court sentenced that "the defendant and B shall jointly and severally pay to Han-do comprehensive financial company 3,545,540,036 won and 1,413,115,256 won with interest of 26% per annum from July 9, 2002 to the date of full payment," and the above judgment was finalized on November 11, 2003.

C. On July 25, 2012, Han-do Comprehensive Finance transferred to the Plaintiff the claim amounting to KRW 212,728,475 (hereinafter “the claim in this case”) of the principal amount of the loan accrued from the loan extended on March 17, 1998, among the claim related to Han-do Comprehensive Finance’s agreement with Defendant, Han-do Comprehensive Finance, Green Chemical, and B.

On October 29, 2013, the Plaintiff filed an application for payment order with Defendant and B seeking payment of the amount stated in the purport of the claim (hereinafter “instant payment order application”) as part of the bonds transferred to the Defendant and B by this Court (hereinafter “instant payment order application”), and attached a notice of assignment of claims on August 24, 2012, prepared by the so-called So-called So-called Comprehensive Finance, stating that the said assignment of claims is notified.

Upon application for the above payment order, this Court issued a payment order as stated in the purport of the claim on November 7, 2014, and the original copy of the above payment order was served on January 23, 2014.

【Ground of recognition” has no dispute, Gap 1 through 3, and this case.

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