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(영문) 서울중앙지방법원 2018.08.28 2018가단5017917
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 66,184,841 and as to this:

B. Defendant B is the deceased of Defendant B.

Reasons

1. Facts of recognition;

A.F entered into a bill transaction agreement with Samwon Mutual Savings and Finance Company (hereinafter “Non-Party Mutual Savings and Finance Company”) and on February 21, 1992, with the Non-Party Mutual Savings and Finance Company (hereinafter “Non-Party Mutual Savings and Finance Company”) and two Promissory Notes with the face value of KRW 20,000,000 and face value of KRW 30,000,000.

4. 4. A Promissory Notes with face value of KRW 16,500,000 borrowed KRW 66,50,000 at the discount of the bill after transferring a promissory note with face value of KRW 16,50,00, and G Co., Ltd., H and Defendant A jointly and severally guaranteed this.

B. The non-party credit cooperative, as a legitimate holder of each of the above promissory notes, offered an exchange on each due date, but was refused to pay all without transaction.

C. F and G Co., Ltd, H and Defendant A repaid the interest and principal amount of KRW 315,159 up to September 3, 1992 to the Non-Party Treasury.

On October 21, 1997, the non-party credit cooperative filed a lawsuit against F and G Co., Ltd., H and Defendant A by the Daegu District Court 97Da29926, and was sentenced to the judgment accepting all of the claims from the above court. The above judgment became final and conclusive around that time.

E. On October 20, 1998, the non-party credit cooperative transferred the above credit to the Korea Asset Management Corporation, the Korea Asset Management Corporation, which merged the Korea Asset Management Corporation with the Korea Asset Management Corporation, was sentenced on February 15, 2008 to the Daegu District Court 2007Kadan89521, and filed a lawsuit against F and the defendant A, G and H for the claim for the amount of credit transfer from the above court on March 14, 2008 to the Korea Asset Management Corporation, "F and the defendant A, G and H jointly pay the amount of 66,184,841 won and the amount of credit transfer at the rate of 22% per annum from September 4, 1992 to the day of full payment." The above judgment was finalized on March 29, 2008.

F. On September 18, 2012, the Plaintiff acquired the instant claim from the Korea Asset Management Corporation.

G. The F died on June 13, 2017 and jointly succeeded by Defendant B (3/9 shares), Defendant C, D, and E (2/9 shares, each of their children). The said Defendants filed a report on qualified acceptance with the Daegu Family Court on April 24, 2018.

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