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(영문) 서울중앙지방법원 2019.03.29 2018가합518887
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from February 15, 2008 to the date of full payment.

Reasons

1. Facts of recognition;

A. Status of the parties 1) A Co., Ltd. (hereinafter “A”)

(2) On June 15, 2015, the Plaintiff was declared bankrupt by the Gwangju District Court 2015Hahap5003, and the Plaintiff was appointed as a trustee in bankruptcy on the same day. (2) Defendant B Co., Ltd. (hereinafter “Defendant B”) borrowed KRW 10.1 billion from the Korea Development Bank on January 26, 1996, and Defendant C guaranteed the above loan obligations.

B. 1) AD Co., Ltd. (hereinafter “D”) is final and conclusive.

) The Korea Development Bank's loan claim against Defendant B (hereinafter "the loan claim of this case").

(2) D) as Seoul Central District Court Decision 2007Gahap102767, filed a lawsuit against the Defendants seeking payment of KRW 300 million, which is part of the instant loan claims, and damages for delay thereof.

On March 11, 2008, the Seoul Central District Court rendered a ruling that "the defendants jointly and severally pay D 300 million won and 20% interest per annum from February 15, 2008 to the day of full payment" and the above ruling became final and conclusive as it is.

C. On January 4, 2012, A acquired the instant loan claims through a limited liability company E (hereinafter “E”), and the Plaintiff, a bankruptcy trustee of A, transferred the instant loan claims to E on behalf of the Defendants on May 23, 2016 (the balance of the standard loan loans: 1,54,719,650 won, interest rate) to A.

[Reasons for Recognition] Each entry of Gap evidence 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts acknowledged in the final and conclusive judgment of the prior suit, the Defendants jointly and severally, as recognized in the final and conclusive judgment of the prior suit, are KRW 300,000,000, which is part of the principal and interest of the loans to the Plaintiff, who is in the position of trustee in bankruptcy of the assignee A of the instant loan claim and the date of full payment.

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