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(영문) 서울중앙지방법원 2014.12.24 2014가합525443
양수금
Text

1. The defendant is within the scope of property inherited from deceased B (the date of death December 30, 2009) and KRW 218,863,543.

Reasons

1. Facts of recognition;

A. On October 16, 1995, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) entered into a revolving trading agreement with Dong Forest Unemployment Co., Ltd. (hereinafter “Dong Forest Unemployment”) with a company discount bill, and with a limit of KRW 300 million. On June 24, 1997, Dong Forest Unemployment set the due date of payment of KRW 90,50 million as of November 4, 1997; and (2) on July 3, 1997, the due date of payment of KRW 90,000 as of November 11, 1997; and (3) September 11, 1997, the due date of repayment of KRW 583,300,000 as of September 18, 1997.

B. East Employment and Foreign Exchange Bank agreed to comply with the interest rate set by the Foreign Exchange Bank on damages for delay on each of the above loans, and the overdue interest rate set by the Foreign Exchange Bank is 18% per annum from April 2, 2004 until the date.

C. Meanwhile, to the foreign exchange bank, B sets the guarantee limit of 500,000,000 won and the status of the Dong forest unemployment.

A joint and several liability under the revolving limit transaction agreement mentioned in the paragraph was jointly and severally guaranteed by C with the guarantee limit of KRW 150,000,000.

However, as of March 30, 2014, only a portion of the above principal and interest of the loan has been repaid until now, the remaining principal and interest of the Dong Forest Unemployment as of March 30, 2014 are KRW 984,885,942 (= Principal amount of KRW 245,564,000, KRW 739,321,942).

Loan interest and delay damages interest amounting to 90,50,000 won for loans on June 24, 1997 273,84,844,319 won for loans on July 3, 1997 90,000,000 won for loans on September 22, 1997 65,064,00 won for loans on September 22, 1997 193,439,681 245,564,000 won for loans on September 22, 1997 193,439,681 739,321,942 won in total 984,85,942 won in total.

E. On September 29, 1998, under the Act on the Establishment of Non-Performing Assets, etc. of the Korea Asset Management Corporation, the foreign exchange bank transferred each of the above principal and interest claims against the Plaintiff (the name of the Korea Asset Management Corporation is changed from December 31, 1999 to its current name) to the Korea Asset Management Corporation. On December 1, 1998, the foreign exchange bank notified the dong Unemployment, etc. of the fact of transferring the above assignment.

(f).

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