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(영문) 대전지방법원 2016.01.21 2015가단6415
양수금
Text

1. The Plaintiff:

(a) Defendant A Co., Ltd. and B jointly and severally KRW 65,449,669;

B. The above is jointly and severally with Defendant A and B.

Reasons

1. Facts of recognition;

A. On January 14, 1992, Japan Bank Co., Ltd. (hereinafter “Japan Bank”) set KRW 100,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant Company”) as interest rate of KRW 13% per annum and jointly guaranteed the Defendant Company’s debt on the same day.

B. On May 9, 1995, the first bank filed a lawsuit against the defendant company, B, and the network L with the Seoul District Court 94Kadan180906, and the defendant company, B, and L were jointly and severally ordered the first bank to pay KRW 100,000,000 and the delay damages therefor. The above judgment became final and conclusive.

C. On December 28, 200, Japan Bank transferred 65,449,669 won of the above loan balance to the Korea Assets Management Corporation, and notified the Defendant Company, B, and L of this.

Under the Act on the Establishment of Non-Performing Assets, etc. of the Korea Asset Management Corporation, the Korea Asset Management Corporation filed a lawsuit against the defendant company, B, and the deceased L, claiming for the amount of the loan by the Seoul Central District Court 2005da9478. On January 11, 2005, the defendant company, B, and the deceased L jointly and severally ordered the Korea Asset Management Corporation to pay 65,449,669 won and damages for delay. The above judgment was finalized on June 10, 2005 with respect to the defendant company and June 11, 2005 with respect to the defendant company.

E. On September 18, 2012, the Korea Asset Management Corporation transferred the above loan balance to the Plaintiff, and notified the Defendant Company, B, etc. on February 13, 2015.

F. Meanwhile, on the other hand, on July 26, 2009, the deceased spouse C, Defendant D, E, F, G, H, H, I, K, and J as his bereaved family member. Defendant F reported qualified acceptance on October 26, 2009 as the Daejeon District Court’s Branch Decision 2009Mo652, Nov. 30, 2009.

[Ground of recognition] Defendant Company B, F: without dispute, Gap evidence 1 to 5.

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