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(영문) 서울중앙지방법원 2015.09.16 2014가합573268
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the Defendants A and B against the said costs from July 19, 2014.

Reasons

The facts are as follows: (a) on March 5, 2003, Homato Savings Bank Co., Ltd. (hereinafter “Tomato Savings Bank”) extended the credit term on December 5, 2003 to six months, and Defendant B added the credit term on June 27, 2003 to Defendant A as a joint and several surety (the collateral limit of KRW 1.28 billion) and added the credit term to Defendant B as a joint and several surety.

(2) On April 7, 2005, an agreement of credit transaction and a letter of credit guarantee was drawn up between the five hundred million won and the Defendants (hereinafter “third loan”). The amount of credit extended to KRW 850,000,000,000,000 for the principal debtor company, Defendant A, Defendant B, joint and several liability company, and each amount of credit extended to KRW 1.28,000,000,000 for each amount of credit extended to KRW 500,000,000 for the principal debtor company, Defendant A, Defendant A, Company of the principal debtor, and joint and several liability company, as Defendant A, B, and each amount of credit extended to KRW 750,00,000 (hereinafter “third loan”).

The second loan was made for the extension of the due date for the first loan.

In the Seoul Eastern District Court C, D, E (Dual) auction case of real estate rent, KRW 327,979,350 on October 13, 2006, KRW 51,261,526 on January 8, 2008, KRW 649,790,132 on December 27, 2007, and KRW 135,50,000 on September 30, 2008, in the Suwon District Court G real estate rent auction case of Suwon District Court, Suwon District Court, Seoul Western District Court collected dividends of KRW 72,284,309 on September 30, 208, and appropriated the principal and interest of KRW 1.35,500,000 on loans of KRW 2.85,500,000 on KRW 3.555 billion on September 30, 200.

As a result of final dividends, the remaining loans were interest 493,521,164 won, and interest 462,246,708 won was reduced thereafter.

On June 28, 2011, the Plaintiff received the claim for the above loan from the Mapo Savings Bank, and notified the Defendants of the assignment of the claim upon delegation by the Mapo Savings Bank.

【Defendant Company’s Grounds for Recognition】 Defendant A, and B, Article 208(3)3 and Article 194 of the Civil Procedure Act (Decision by Service by Public Notice)

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