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(영문) 서울중앙지방법원 2018.02.20 2017가합564463
양수금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 7,041,108 won;

B. Defendants are jointly and severally liable, but Defendant B shall be 206,400.

Reasons

1. Claim for the payment of acquisition money on the ground that the Plaintiff acquired each of the loan claims as of October 29, 201 and the joint and several surety deposit claims as of April 30, 199 for Defendant A and B, for Defendant A and on August 26, 199; and for the payment of acquisition money on the ground that the Plaintiff acquired each of the loan claims as of May 6, 1999; and for the joint and several surety deposit claims as of October 23, 199 (as the Changwon District Court Decision 2007Gadan40539 against the Defendants by the Gyeongnam Bank as of March 7, 2008; as to Defendant A and B, and as to Defendant C, each of the favorable judgments rendered as of February 27, 2008).

A. The obligation of loans made on April 30, 199: 7041,108 for interest in arrears; 960 million won for guarantee limit of Defendant B; and 140 million won for guarantee limit of Defendant C

B. Loan obligation of August 26, 199: the principal and interest of loan amount of KRW 356,261,479; the balance of the principal and interest of loan amount of KRW 172,00,000 (However, the principal and interest of loan are not transferred to the Plaintiff); the guarantee limit of Defendant B is KRW 26,40,000; the guarantee limit of Defendant C is KRW 26,40,000; and the guarantee limit of Defendant C is KRW 240,000,000.

(c) Loans made on March 31, 2001: The principal and interest of loans shall be KRW 165,703,013; the balance of the principal and interest of loans shall be KRW 80,000; and the guarantee limit of Defendant B shall be KRW 96,00,000;

(d) Obligation of loans made on May 6, 199: 56,355,573 won for the principal and interest of loans, 27,044,507 won for the balance of principal and interest of loans, 36 million won for the guarantee limit of Defendant B, and 260 million won for the guarantee limit of Defendant C

(e) Loans made on October 23, 199: 239,166,097 won for the principal and interest of loans; 115,467,350 won for the balance of the principal and interest of loans; and 240,000 won for the guarantee limit of Defendant B and C, respectively;

2. Applicable provisions;

(a) Defendant A and B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

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