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(영문) 서울중앙지방법원 2021.03.24 2019가합566043
양수금
Text

The defendant shall not exceed KRW 5,200,000 with the non-party C within the extent of KRW 5,200,000,000, jointly and severally with the non-party C, and 22,03.

Reasons

1. Facts of recognition;

A. A. D Bank extended a loan of KRW 3,00,000,000 on May 4, 2006 to E Co., Ltd. (hereinafter “E”), with the maturity of KRW 1,00,000 on August 4, 2006 (which was extended on April 4, 2007), the interest rate of KRW 10 per annum, and the maximum rate of delayed damages at 22% per annum (hereinafter “the loan of this case”). (2) around October 4, 2006, extended a loan of KRW 1,00,000 on a maturity of KRW 1,00,000 on April 4, 207, interest rate of KRW 10 per annum, and delayed damages rate of KRW 22% per annum (hereinafter “each of the above loans”).

B. On July 20, 2007, the Financial Supervisory Commission decided to transfer the existing contractual status and rights and obligations of the D bank to the plaintiff (the former trade name: F & F under the Depositor Protection Act) on July 20, 2007.

(c)

Around June 2, 2009, the Plaintiff, G (hereinafter “G”), and E entered into an agreement on debt acquisition (hereinafter “instant agreement on debt acquisition”) with the Plaintiff to jointly acquire each of the instant loans from the Plaintiff. On the same day, G extended the maturity of each of the instant loans to the Plaintiff on June 8, 2009. From June 1, 2009 to May 31, 2010, G submitted to the Plaintiff an application for credit extension (hereinafter “the instant application”). From June 1, 2010 to May 1, 201, the application for credit extension (hereinafter “the instant application”).

(d)

The defendant and the non-party C, the representative director of G, around June 2, 2009, set the limit on the guarantee amount of all the obligations that the debtor G is currently and future against the plaintiff at KRW 5,200,000 and jointly and severally guaranteed.

Principal (source) interest (source) shall be the principal.

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