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(영문) 대전지방법원 2015.05.13 2014가합105381
양수금
Text

1. The Plaintiff:

A. Defendant A, B, C, D, and E are jointly and severally 182,60,771 won and their importance.

Reasons

1. The following facts are deemed to have been led by the above Defendant pursuant to Article 150(1) of the Civil Procedure Act among the Plaintiff and the Defendant C Co., Ltd., and the Plaintiff and the remaining Defendants are either not in dispute between the parties, or in full view of the contents of the evidence Nos. 1 and 6 and the purport of the entire pleadings.

Defendant A Co., Ltd. (J: hereinafter “Defendant A”) obtained a loan from Korea-Japan Bank (which was changed to Korea-Japan Bank after its trade name was changed to Korea-Japan Bank; hereinafter “Korea-Japan Bank”) in accordance with the basic terms and conditions for credit transactions of Korea-Japan Bank. On July 26, 1996, KRW 50,000,000 as the current loan (bank account) and KRW 100,000 as the installment savings loan (bank account) on May 23, 1996, and KRW 1,00,000,000 as the discount bill (bank account) on May 3, 1996, and KRW 1,00,000,000 as the real estate mortgage account on October 25, 1996.

B. As to the above loan obligations of Defendant Company 1, Defendant B Co., Ltd (a corporate registration number: K; hereinafter “Defendant Company 2”), Defendant D, and net I provided each guarantee to Han Bank with the guarantee limit of KRW 1,625,00,000, respectively, Defendant C Co., Ltd. (hereinafter “Defendant Co. 3”), and E with the guarantee limit of KRW 1,560,000,000.

C. On September 29, 1998, the Plaintiff transferred the above loan claims from Hanil Bank. Around that time, the Plaintiff notified Defendant Company 1, Defendant Company 2, Defendant Company 3, Defendant D, E, and deceased I of the above assignment of claims.

Defendant Company 1 repaid some of the above loans by March 2, 1999, and as a result, the remainder of the loan remains as a result, installment savings (bank account) in KRW 11,271,278,129,129, the balance of the principal of installment savings loan (bank account) in KRW 38,219,483, the balance of the principal of installment savings loan (bank account) in KRW 46,725,00,000, the balance of the principal of real estate mortgage loan (trust account) in KRW 49,454,00 and interest 48,262,288.

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