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(영문) 서울중앙지방법원 2014.11.26 2014가합540015
양수금
Text

1. The Plaintiff:

(a) Defendant C is not more than KRW 200,000,000,000,000;

B. Defendant A and B are Defendant C.

Reasons

1. Basic facts

A. On May 2, 2006, the Industrial Bank of Korea concluded a collateral guarantee agreement with the Industrial Bank of Korea on May 2, 2006 that the loans amounting to KRW 160 million (hereinafter “the instant loans”) were extended for a fixed period of one month, and the network D (the deceased on April 12, 2011; hereinafter “the network”) died between the Industrial Bank of Korea and the said Bank of Korea on the same day to guarantee the said Bank’s present and future obligations within the limit of KRW 200 million.

B. On June 2, 2006, the Industrial Bank of Korea entered into an agreement that extended the credit period of the instant loan to two months on August 2, 2006, and the deceased jointly and severally guaranteed the fulfillment of the vice-soil obligations under the agreement.

C. On October 31, 2006, the Industrial Bank of Korea entered into an agreement to extend the credit period to February 2, 2007 with respect to the remaining principal amount of KRW 144,400,000,000,000, excluding the partial repayment of the loans in this case. Defendant C guaranteed the performance of non-performance of the obligation under the above agreement. On the same day, the Industrial Bank of Korea entered into a collateral guarantee agreement to guarantee the above bank within the limit of KRW 200,000,000,000,000.

After that, the instant loan claims were transferred to the Plaintiff on January 21, 2014 through the 201st century, a limited liability company specializing in securitization, allied asset management company, a U&A limited liability company, an X-Pacific loan, a limited liability company, and an X-Pacific loan, and each assignment of claims was notified of the assignment of claims.

E. Meanwhile, on March 21, 2012, Defendant A and B, the inheritor of the deceased, were tried to approve the inheritance of the deceased, by Sungwon District Court 201Mo708, Sungwon-nam Branch, Sungwon District Court 2012.

[Ground of recognition] The entry of No. 1-1, No. 1-2, No. 2-1, No. 2-8, and No. 3 of the evidence No. 1-2, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. As seen earlier.

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