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(영문) 서울중앙지방법원 2017.03.17 2016가합557536
양수금
Text

1. The Plaintiff, Defendant A, and Defendant B, jointly and severally with Defendant A, KRW 112,804,109, and each of them.

Reasons

1. Basic facts

A. On Jan. 26, 1998, Choung Bank Co., Ltd. (hereinafter referred to as “Mediation Bank”) entered into a credit transaction agreement with C Co., Ltd. (hereinafter referred to as “Non-Party Co., Ltd.) to apply the basic terms and conditions of bank credit transaction at the rate of 100,000,000 won of credit limit, interest rate of Jan. 6, 1999, interest rate of 5% (P) and interest rate of 25% per annum. Pursuant to the above credit transaction agreement, the credit limit amount was increased to 200,000 won on Apr. 25, 1998. Pursuant to the above credit transaction agreement, the Non-Party Co., Ltd. paid 8,000,000 won of D’s issued and endorsed bill to Non-Party Co., Ltd., Ltd. (hereinafter referred to as “Non-Party Co., Ltd.), each of which was paid at 00,000 won of D Co., Apr. 25, 299.

B. On July 16, 1998, Hoi Bank entered into a credit transaction agreement between the non-party company on the transaction of bills of credit at discount, credit limit of 100,000,000 won, transaction term of 100,000 won, interest rate of 6%, interest rate of 6% per annum, interest rate of 25% per annum, and interest rate of 25% per annum. Accordingly, the non-party company entered into a credit transaction agreement to apply the basic terms and conditions of bank credit transaction with the non-party company, which is endorsed by the non-party company as of October 31, 200, interest rate of 198, and interest rate of 10,000,000 won, and interest rate of 10,000,000 won, and the due date of 205.

C. On April 25, 1998, Defendant A entered into a comprehensive collateral guarantee agreement with the Choung Bank to the extent of KRW 260,000,000 with respect to all obligations arising from the credit transaction currently and in the future borne by the non-party A, and the Defendants are the non-party between Choung Bank and the non-party on July 16, 198.

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