logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.20 2018가합506990
양수금
Text

1. The defendant (Appointed Party) and the appointed parties are jointly and severally liable to the plaintiff for KRW 10,000,000 and they are jointly and severally liable to the plaintiff on August 14, 2003.

Reasons

1. Facts of recognition;

A. The Appointed B Co., Ltd. (hereinafter “Appointed B”) concluded each loan agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Bank”) and obtained a loan equivalent to the amount agreed upon by each of the following parties (hereinafter “each of the instant loan agreements”). The Defendant (hereinafter “Appointed Party”) A, the Appointed Party D, and E jointly and severally guaranteed each of the above loan obligations.

The agreed amount agreed on the date of the loan agreement of the lending institution, the contract principal, the joint guarantor, and one other, the joint guarantor of the lending institution, shall be the defendant A and the appointed party D on June 29, 1992, the payment guarantee transaction of KRW 525,00,000, and the E2 Promissory Notes transaction of KRW 480,000,000 on December 17, 1993, 1993; and the bill transaction of KRW 480,000,000 on April 1, 1994, and KRW 50,000 on September 16, 1994.

B. On August 31, 1999, F Co., Ltd. taking over the non-party bank transferred each of the above loans to the Plaintiff pursuant to Article 4 of the former Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation (Act on the Efficient Disposal of Non-Performing Assets, etc. of the current Non-Performing Assets and the Establishment of Korea Asset Management Corporation) and Article 4(1) of the Enforcement Decree of the same Act, and notified the Defendant A and the designated parties (hereinafter referred to as the “Defendants”) of this on October 7,

C. Since then, the Plaintiff filed a lawsuit against the Defendants, etc. claiming the acquisition of each of the above loans against the Defendants, etc. as Seoul Central District Court 2003Kahap64553, and the above court rendered a judgment on July 7, 2004 that "the Defendants jointly and severally paid to the Plaintiff 1,146,90,726 won and 245,395,298 won, with 19% per annum from August 14, 2003 to October 13, 2003, and 20% per annum from the next day to the date of full payment (hereinafter "the preceding judgment of this case"). The above judgment became final and conclusive on September 16, 2004.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The facts of the above recognition as to the cause of the claim.

arrow