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(영문) 서울중앙지방법원 2015.01.16 2013가단5193908
양수금
Text

1. The Plaintiff:

A. (1) The defendant A and the defendant B are jointly and severally liable for 96,62,721 won and 25,646.

Reasons

1. Basic facts

A. On July 31, 1997, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with the Non-Party Co., Ltd., Dongan Bank (hereinafter “Dongan Bank”) with the loan amounting to KRW 30 million (hereinafter “instant debt 1”). As to the above debt, Defendant D, C, and Dongan Company B (hereinafter “Defendant B”), with each guarantee limit of KRW 39 million, and Defendant Limited Co., Ltd. (hereinafter “Defendant B”), with each guarantee limit of KRW 39 million.

B. On March 11, 1997, Defendant A entered into an agreement on a loan for consumption with the Dongan Bank for money amounting to KRW 30,000,000 (hereinafter “instant second obligation”). As to the said obligation, Defendant D and E jointly guaranteed each guarantee limit of KRW 39,00,000.

C. The Defendants did not pay the principal and interest under each agreement as to the above obligation, thereby losing the benefit of time. On September 30, 1999, the Eastern Bank transferred the above claims to the Plaintiff, and notified the Defendants of the assignment of claims at that time.

The Plaintiff filed a lawsuit claiming the amount of money transferred to the Plaintiff on March 12, 2004 with the Seoul Central District Court 2003Da36018, which was sentenced to the judgment in favor of the Plaintiff on March 12, 2004. The principal and interest of the loan not repaid as of December 8, 2013 are set forth below.

25,646,7827,7827,939,662,72,721 D (39 million won), C (39 million won), net G (39 million won), B’s certificate loan 15,750,000 43,611,750,750,750 D (39 million won), E (39,396,782,627,62,721 D (39,000,000 won) of bill loans on July 31, 1997, 15,750,000,61,750 59,361,750 D (39,000,000 won), E (39,000,000 won) 41,396,627,689,156,471

E. On August 7, 2012, the deceased on August 7, 2012, I, the spouse H and children, and Defendant F inherited. On November 19, 2012, the former District Court filed an application for the inheritance limitation approval and renunciation of inheritance with respect to the inheritance limitation approval, H and I, respectively.

[Grounds for recognition] Gap evidence Nos. 1 through 5.

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