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(영문) 서울중앙지방법원 2016.05.03 2014가합561418
양수금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. The defendant A Co., Ltd. is about KRW 7,505,265,589 and KRW 3,786,660,817 among them.

Reasons

1. Facts of recognition;

A. The existing loan and guarantee 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

On May 14, 2008, Hyundai Swiss Mutual Savings Bank (SB Savings Bank, Sept. 2, 2013) changed its trade name into SBB Savings Bank, Inc.;

hereinafter referred to as “Plaintiff’s successor”

(3) In the event that a bank obtains a loan from a bank (hereinafter “existing loan”) with a loan amount of KRW 7 billion, the date of expiration of the credit period shall be November 14, 2008; interest rate of KRW 11 per annum; and damages rate of KRW 24 per annum; and the bank has received a loan from a bank (hereinafter “existing loan”).

(E) Defendants B, D, and E (hereinafter “E”)

(2) On September 18, 2008, Defendant C Co., Ltd. (hereinafter “Defendant C”) borrowed KRW 520 million from Defendant A to guarantee the instant existing loan to the Intervenor succeeding to the Plaintiff at KRW 676 million, and the period for the settlement of accounts for the probation guarantee was designated in the future.

B. The new loan and guarantee 1) Defendant A entered into an agreement on credit transaction of discounted bills with the rate of 12% per annum 24% per annum on November 17, 2008, and KRW 3 billion per annum 1,341,211,073 on November 24, 2008, and KRW 3 billion per annum 1,341,211,073 on November 24, 2008, and Defendant A paid to the Intervenor succeeding to the Plaintiff. (2) Accordingly, Defendant A received general loan with the Plaintiff’s Intervenor on November 24, 2008, KRW 4 billion per annum 24% per annum on February 24, 2009, the expiration date of the credit, the annual interest rate of 12% per annum, and the amount of credit (limit) on the same day was set at 3,786,60,817 won per annum.

(2) On November 24, 2008, Defendant B, Defendant D, and E, each of the following facts: (a) on November 24, 2008, Defendant A’s instant new loan; (b) on a bill loan, instrument loan, discount of bills; (c) payment guarantee; (d) credit transaction, credit installment transaction, and all other obligations arising from credit extended by Defendant A against the Plaintiff’s succeeding intervenors, KRW 5.2 billion; and (e) on a future designated settlement term.

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