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(영문) 서울중앙지방법원 2014.11.28 2014가합540039
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

(a) The following facts of recognition are not disputed between the parties, or may be admitted in full view of Gap evidence of 1 to 5, 9, 10 (including paper numbers).

1) Defendant A (hereinafter “Defendant A”)

The joint and several sureties by Defendant B are the Industrial Bank of Korea (hereinafter “Corporate Bank”) from March 12, 2003 to June 21, 2006.

3) The Small and Medium Enterprise Fund (hereinafter “instant loan”) shall be extended from the Small and Medium Enterprise Fund.

(2) Defendant A’s failure to pay the principal and interest of the instant loan and lost the benefit of March 12, 2007. The Industrial Bank of Korea exercised the right to collateral security on Defendant B’s apartment house located in Gangnam-gu Seoul, Seoul, which acquired the instant loan claim as collateral, and rendered a decision to commence voluntary auction on October 20, 2006. On January 8, 2008, the said decision to commence voluntary auction procedure was completed.

3) The instant loan claims against an enterprise bank on June 21, 2007, to a limited-liability company specializing in Mosive securitization from the enterprise bank; on February 25, 2010, to the Joint Asset Management Co., Ltd.; on May 17, 2010, to the U&A loan limited liability company; on June 30, 201, to the L&A loan to the L&A loan limited liability company; on June 30, 201, to the L&A loan to the L&A loan company, a company on L&A loan, and on October 10, 2013, to the

(4) On April 30, 2013, the future savings bank was declared bankrupt by the Seoul Central District Court, and the Plaintiff was appointed as the trustee in bankruptcy on the same day.

5) The Plaintiff received delegation from the foregoing transferor, such as a limited liability company specializing in the 20th century, and notified the Defendant of the transfer of each of the above claims during the instant lawsuit. 6) The principal and interest of the instant loan claims are KRW 856,673,876 as of March 11, 2014 (= Principal KRW 350,235,862 and KRW 506,438,014).

B. According to the above facts of recognition, the Defendants are jointly and severally liable to the Plaintiff, unless there are special circumstances.

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