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(영문) 서울중앙지방법원 2016.11.30 2014가단5269888
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 89,932,208 and KRW 23,074,320 among them, from December 3, 2003 to March 27, 2004.

Reasons

1. Seoul Trust Bank (hereinafter “Seoul Trust Bank”) concluded a bill transaction agreement with Defendant C Co., Ltd. (hereinafter “Defendant”) on August 6, 1997, and loans KRW 100 million to Defendant Co., Ltd. on the same day. Seoul Trust Bank additionally loans KRW 20 million to Defendant Co., Ltd. on August 6, 1997. Defendant A and B stand a joint and several surety for each of the Defendant Co., Ltd.’s obligations. The Korea Asset Management Corporation that acquired the above claims against Defendant Co., Ltd. by filing a lawsuit against the Defendants in favor of the Defendant Co., Ltd. under Seoul Central District Court Decision 2004Kadan1850, which became final and conclusive on October 2, 2004, the Korea Asset Management Corporation transferred the above claims to the Plaintiff, and the Plaintiff that was delegated with the authority to notify the transfer to the Defendant Co., Ltd.

2. Grounds of appeal: The plaintiff's judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

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