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(영문) 서울중앙지방법원 2018.06.14 2016가합544806
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and C shall be jointly and severally 25,000,000 won and its related amount from October 26, 1993, and 17.

Reasons

1. Indication of claim;

A. On July 13, 1993, the Japanese Bank Co., Ltd. (hereinafter “Japan Bank”) entered into a credit limit transaction agreement with the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under the joint and several guarantee of the network I and the Defendant C with each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Each of the promissory notes offered by the Defendant Co., Ltd as security and the maturity date is the interest rate of 268,047,50 won in total,00 won in the face value of the Promissory Notes Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

B. On February 14, 1995, the Japanese bank filed a lawsuit against the defendant company, C, and the network I claiming the above loans (Seoul District Court 94DaDa119171), and sentenced on February 14, 1995, "the defendant company, C, and the network I jointly pay the money stated in the paragraph 1 (a) of the order to the plaintiff." The above judgment became final and conclusive around that time.

C. On December 30, 199, Japan Bank transferred claims based on the above final judgment to the Liquidation Corporation Co., Ltd. (hereinafter “Settlement Bank”), and notified the Defendant Company of the transfer of claims on February 18, 200. On December 28, 200, the Liquidation Corporation transferred claims based on the above final judgment to the Korea Asset Management Corporation and notified the Defendant Company of the transfer of claims on July 2001.

For the interruption of extinctive prescription of claims based on the above final judgment, the Korea Asset Management Corporation (Seoul Central District Court 2004Gahap106355), filed a lawsuit against Defendant Company, C, and deceased I (Seoul Central District Court 2004Gahap106355), and on May 12, 2006, sentenced the above court to “the Defendant Company, C, and Network I jointly and severally pay the Plaintiff the money set forth in paragraph 1(a) of this order,” and the above judgment became final and conclusive around that time.

(hereinafter referred to as “instant claim”). E., claims based on the said final judgment.

The Korea Asset Management Corporation shall, on August 28, 2012, claim of this case between the Plaintiff and the Plaintiff.

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