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(영문) 서울중앙지방법원 2014.11.14 2014가합27222
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) starting from August 26, 2011 for KRW 754,108,991 and KRW 510,295,980 among them.

Reasons

1. Basic facts

A. On February 2, 2009, Defendant A Co., Ltd. (hereinafter “A”) entered into a credit transaction agreement with the Central Busan Mutual Savings Bank Co., Ltd. (hereinafter “the Savings Bank”) under which the maximum amount of credit was KRW 500 million (hereinafter “the instant credit transaction agreement”) and received the said credit, and Defendant B Co., Ltd. (hereinafter “B”), C, and D jointly and severally guaranteed the said Defendant A’s obligation to the Savings Bank up to KRW 650 million on the same day.

B. On August 26, 2011, the Plaintiff received the instant credit transaction agreement from the instant savings bank pursuant to Article 14(2) of the former Act on the Structural Improvement of the Financial Industry (amended by Act No. 11630, Mar. 22, 2013; hereinafter “Financial Industry Act”), and publicly announced the instant credit transaction agreement on August 29, 201, respectively in the Korean Economic Newspapers and Economic Newspapers, a daily newspaper.

C. As of August 26, 2011, Defendant A’s obligation under the instant credit transaction agreement is KRW 510,295,980 as principal and KRW 243,813,01 as of August 26, 201.

[Ground of recognition] ① between the plaintiff and the defendant A, B, and D: Evidence No. 1, Evidence No. 2-1, 3, 4, Evidence No. 4-1, 2, and Evidence No. 5-2, the whole purport of the pleadings, and the purport of the whole pleadings

2. The judgment of this Court

A. According to Article 14(2) of the Financial Industry Act, the Financial Services Commission may make a decision on the transfer of contracts to an insolvent financial institution. According to Article 14-2(1) and (2) of the said Act, where a decision on the transfer of contracts has been made, the rights and duties of the insolvent financial institution shall be succeeded to by the underwriting financial institution when the decision has been made, and where the said financial institution has announced the transfer of contracts in two or more daily newspapers, the legal relations between the creditors, debtors, and other interested persons

B. According to the facts acknowledged in paragraph 1, the instant case.

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