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(영문) 서울중앙지방법원 2015.09.22 2014가합61864
양수금
Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 305,821,076 and KRW 257,206,439, respectively, from October 24, 2014.

Reasons

1. Indication of claim;

A. On June 4, 2010, Korea Bank concluded a payment guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the joint and several guarantee of Defendant B, with an amount of KRW 1 billion.

B. On November 6, 2012, Korea Bank transferred all of the claims against Defendant A in accordance with the above agreement to the Yonhap Asset Management Co., Ltd., and the Yonhap Asset Management Co., Ltd. transferred all of the above claims to the Plaintiff again on December 29 of the same year.

C. As of October 23, 2014, the sum of the principal and interest in arrears of Defendant A, as of October 23, 2014, exceeds KRW 305,821,076 (the interest in arrears of KRW 257,206,439, etc.) and the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest in arrears and delay damages on the principal.

2. Grounds for recognition;

(a) Defendant A corporation: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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