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(영문) 창원지방법원진주지원 2015.07.08 2015가합10038
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 451,032,951 and interest rate of KRW 20% per annum from August 6, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. A. On May 19, 1998, B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with Korea Exchange Bank (hereinafter “Korea Exchange Bank”) and received a loan, and the Defendant, as the representative director of B, jointly and severally guaranteed B’s loan obligations against B.

(hereinafter referred to as the “instant loan claim”) a loan claim of a foreign exchange bank.

On December 22, 2000, the foreign exchange bank transferred the instant loans to a limited-liability company specialized in normal securitization, and notified the transfer of claims to B on December 23, 2000.

C. On May 30, 2003, a limited company specialized in normal securitization transferred the instant loans to CD-style Buses Co., Ltd., and notified the assignment of claims to B on June 3, 2003.

On December 15, 2003, the CD-style bus Co., Ltd. transferred 82/100 of the loan claims of this case and notified the assignment of claims to B around that time.

E. Meanwhile, the CD Bus Co., Ltd. filed an application with the Defendant for the payment order claiming the payment of the instant loan claim against the Defendant on May 31, 2004. On May 31, 2004, the above court issued a payment order with the Defendant to pay the principal amounting to KRW 464,858,823, interest for delay amounting to KRW 441,103,519, and interest for delay delay amounting to KRW 441,103,519, and the above payment order was finalized on June 19, 2004.

F. On September 14, 2004, the CD-style bus Co., Ltd. transferred 18/100 of the loan claims of this case to HBD Baz, Inc., and notified the transfer of claims to B at that time.

G. On January 3, 2005, HBD Bas Co., Ltd. transferred 18/100 of the loan claims of this case to CIC, and notified the transfer of claims to B around that time.

H. On March 31, 2006, CIC transferred the instant loans to a limited-liability company specialized in the S-based securitization, and notified the transfer of claims to B on the same day.

A. On December 26, 2007, a limited liability company specializing in the S-based securitization.

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