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부산지방법원동부지원 2017.07.13 2016가합104493
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,628,585,55 and KRW 676,194,454.

Reasons

1. Facts of recognition;

A. On December 24, 2002, the Industrial Bank of Korea concluded a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) for the first time, and entered into several additional loan agreements after carrying out the loan in accordance with the agreement, and implemented the loan further in accordance with such additional agreement.

(hereinafter referred to as “the instant loan claim” or “the instant loan obligation”. Defendant B jointly and severally guaranteed Defendant A’s obligation for the instant loan.

B. After March 24, 2009, the Industrial Bank of Korea transferred the claim for the loan of this case to a limited liability company specializing in Dosan Asset-backed Securitization, and around April 22, 2009 and around 24, notified Defendant A of the transfer of the above claim.

C. In addition, on May 12, 2011, Hyundai Switzerland Savings Bank Co., Ltd. (this change the trade name to SBA 4 Savings Bank, Inc. on September 1, 2013, and on October 31, 2014, it transferred the instant loan claim to SB Savings Bank, Inc., Ltd., and the same year.

6. Around 20.20. A notified Defendant A of the assignment of claims.

In addition, on October 29, 2015, SB Savings Bank transferred the claim for the instant loan to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and notified the Defendant A of the fact of transferring the said loan around May 23, 2016 and around December 12, 201.

E. As of May 10, 2016, the details on the principal and interest of the instant loan claims prior to that date are as follows:

(1) The loan of general capital loans of 135,82,82, 369 18.30,882, 369 135,882, 369 18.30,882, 369 180,369 180,374, 347, 346 316,257, 02/12/240,000, 21430,000, 640,506, 3871,070, 506, 506, 3871, 387, 06/107, 05/10, 06/387, 06/387, 06/387, 1085/3108, 137, 184, 197, 284, 2785

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