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(영문) 서울중앙지방법원 2018.07.11 2017가합37336
양수금 등
Text

1. The Defendants are limited to KRW 33,33,333, respectively, within the scope of the property inherited from the networkD to the Plaintiff.

Reasons

1. Basic facts

A. E and network D companies obtained industrial facility fund loans (hereinafter “instant loans”) from the Korea Development Bank as follows, and at the time the network D companies (hereinafter “the network”) jointly and severally guaranteed the said obligations.

The balance of loans (won) on February 12, 2015, 122, 766, 445 April 10, 2015, 80,000,000 on April 10, 2015, 129,000 on February 1, 2015; 1,701,76,445 on a total of 1,700,00 on February 1, 2015.

B. On April 19, 2017, Korea Development Bank entered into an asset acquisition agreement between Korea Development Bank and a Joint Asset Management Co., Ltd. (hereinafter “Joint Asset Management”) to transfer the instant loans, accrued interest, etc. to the management of the combined assets. 2) On May 18, 2017, the management of the combined assets entered into an agreement between the Plaintiff and the Plaintiff to transfer all the rights and obligations under the said asset acquisition agreement.

3) On May 19, 2017, Korea Development Bank sent to E a content-certified mail notifying the Plaintiff of the transfer of the instant loan claims, etc. through each of the above contracts, and around that time, the said content-certified mail reached E. The deceased’s death and the Defendants’ qualified acceptance report died on June 2, 2017. On August 30, 2017, the Defendants, the heir of the deceased, filed a qualified acceptance report with the Changwon District Court 2017Ra-Ma846, the said report was accepted on September 21, 2017. [The Defendants, the heir of the deceased, filed a qualified acceptance report with the Changwon District Court 2017Ma846, August 30, 2017.]

2. As seen earlier, the deceased jointly and severally guaranteed the debt of this case against the Korea Development Bank of Korea, and the fact that the plaintiff acquired the above debt of this case and notified the obligor E of the above debt. In full view of the evidence and the purport of the entire arguments, E did not pay a monthly agreed interest on the above loan and did not pay the above debt.

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