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(영문) 서울중앙지방법원 2015.05.29 2014가합587861
양수금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant, on April 22, 2002, issued a loan by designating 200,000,000 won as interest rate of 9.31% per annum and the due date of payment as of April 21, 2003 from the Korea CTR Bank Co., Ltd. (hereinafter "Korea CTR Bank").

(A) No. 1. The above loans (hereinafter referred to as the “instant loans”). On the other hand, MDB Co., Ltd. (hereinafter referred to as “MD”) jointly and severally guaranteed the above loans to the Korea CTR Bank.

On December 18, 2009, IMDI paid 140,918,463 won of the loan of this case to the Bank of Korea on December 18, 2009.

(A) On May 30, 2012, MDF transferred to the Plaintiff the claim for indemnity against the Defendant arising from the said subrogation (2,818,269 won, the amount of sale by subrogation) and notified the Defendant of the fact of assignment of the said claim on or before August 1, 2014.

(A) On December 8, 2004, the defendant filed an application for commencement of individual rehabilitation procedures with the Incheon District Court 2004da5185 on December 8, 2004, and the above court decided to authorize the repayment plan on May 23, 2005 after the commencement of individual rehabilitation procedures on March 30, 2005.

(B) Nos. 1-1 and 4-2. However, in the list of individual rehabilitation creditors in the above individual rehabilitation procedure against the Defendant, the claim of the Korea Cmat Bank, the principal creditor of the instant loan, is indicated in the list of individual rehabilitation creditors in the above individual rehabilitation procedure, but the claim for indemnity that may arise in the future of IMN, the joint guarantor of the instant loan obligation, was not indicated.

(3) According to the above authorized repayment plan, according to the implementation of the repayment plan and the confirmation of immunity, the defendant paid in installments the amount equivalent to 40% of the principal of the individual rehabilitation obligation over 60 times every month from the date of repayment.

(No. 1-4). Accordingly, the defendant shall deposit monthly payments into an account designated by the individual rehabilitation commissioner.

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