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(영문) 서울중앙지방법원 2015.06.05 2014가단5300680
양수금
Text

1. The Plaintiff:

A. As to Defendant KELTTEX 63,616,937 won and 29,857,000 won among them.

Reasons

1. Facts of recognition;

A. On May 11, 1999, Defendant KELLTT Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 150 million from the Industrial Bank of Korea.

B. Defendant A and the network E stand the joint and several debt owed to the Industrial Bank of Korea of the Defendant Company on the same day, and the Defendant A guaranteed only within the limit of KRW 180,000,000 to KRW 36,000,000 to KRW 180,000.

C. The Industrial Bank of Korea (Seoul Central District Court Decision 2004Kadan30090) filed a lawsuit against Defendant Company, Defendant A, and the network E, and received a favorable judgment on February 18, 2005 ordering payment of the same amount (the sum of the amounts stated in paragraph (1) of this case as stated in paragraph (1) of this case for the network E) as stated in paragraph (1) of this case. The above judgment became final and conclusive around that time.

The Industrial Bank of Korea transferred the above loan claims to a limited-liability company specializing in the 20th F&A securitization, and notified the Defendant company of the transfer of the claim. The limited-liability company specializing in the 20th F&A securitization in Korea transferred the above loan to E&A, and notified the transfer to E&A, and the company E&A transferred the above loan to E&A Bank and notified the fact of the transfer.

E. On April 30, 2013, the future savings bank, a corporation, was appointed as a bankruptcy trustee by the Korea Deposit Insurance Corporation after having been declared bankrupt.

F. On April 4, 200, the network E died after having left Defendant B, C, and D, who is his/her child, as the inheritor. The Defendants filed a report on the inheritance-limited approval with the Incheon District Court Branch Branch Decision 2015-Ma130, which was accepted on February 27, 2015.

[Ground of recognition] The facts that the Plaintiff, Defendant Company, and Defendant A have no dispute between the Plaintiff, Defendant Company, and Defendant, as stated in the Evidence Nos. 1 through 3, the purport of the entire pleadings, and the Plaintiff, Defendant B, C, and D

2. According to the judgment and the facts of the above recognition, the defendant company's loans of 63,616,937 won and 29,857,000 won among them shall be from September 2, 2004 to 204.

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