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(영문) 서울중앙지방법원 2016.09.21 2015가합576141
양수금
Text

1. Defendant B and C jointly pay KRW 500,000 to the Plaintiff.

2. The plaintiff's claim against the defendant A.

Reasons

1. On January 17, 1997, D Co., Ltd. (hereinafter “D”) obtained a loan of KRW 2 billion from the Gyeonggi Bank Co., Ltd. (hereinafter “Game Bank”) with interest 13.5% (hereinafter “instant loan claim”), and the Defendants jointly and severally guaranteed D’s debt.

(hereinafter referred to as the "joint and several sureties Agreement". On June 29, 1998, the Gyeonggi Bank transferred to the Korea Assets Management Corporation totaling KRW 38,658,540,306 of the claims against D including the claims for the loans of this case, and the Korea Assets Management Corporation on February 9, 1999, the above claims were transferred to the Korea Assets Management Corporation.

I. The transfer was made to PLC (hereinafter referred to as “Cases”).

From October 6, 2005, the bankruptcy proceeding against D was commenced as Incheon District Court 2005Hahap21, and the Korea Asset Management Corporation (Korea Asset Management Corporation prior to the change) reported the claim including the attempted interest of 1,231,687,57 won in the case of declaration of bankruptcy against D on April 27, 2010.

On August 28, 2012, the Korea Asset Management Corporation transferred the claim against D to the Plaintiff, and the Plaintiff delegated the notification of the assignment of the claim to the Plaintiff on September 28, 2012 notified the Defendants of the fact of the assignment of the claim and sent the notification to the Defendants around that time.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 27 (including each number), the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the arguments on the grounds of the claim, the Gyeonggi Bank: (a) transferred claims against D including the instant loans to the Korea Assets Management Corporation; (b) the Korea Asset Management Corporation reported claims against D, on April 27, 2010, including interest 1,231,687,57, and KRW 577 out of the instant loans, in cases declared bankrupt against D on April 27, 2010; and (c) the Korea Asset Management Corporation transferred claims against D, including claims based on the instant joint and several surety agreement, to the Plaintiff around August 28, 2012.

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