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(영문) 서울중앙지방법원 2016.07.27 2015가합18225
양수금
Text

1. The Plaintiff:

A. As to Defendant F Co., Ltd.: 432,279,177 won and 218,000,000 won:

B. Defendant F.

Reasons

1. Facts of recognition;

A. The occurrence of loan claims and joint and several sureties 1) Korea Integrated Finance Corporation (hereinafter “Korea Comprehensive Finance Corporation”)

) On December 1, 1994, H Co., Ltd. (hereinafter “H”)

(B) A bill transaction agreement with the maximum amount of 10 billion won was concluded, and on the same day G, I, J, Defendant F Co., Ltd. (hereinafter referred to as “F”).

(2) Under the above agreement, K jointly and severally guaranteed the obligation under the H’s agreement. The comprehensive financing provided that the amount of KRW 30 million per face value issued by H, the payment date of KRW 215 million per face value, and the date of payment of the promissory note on May 6, 1997, and the due date of May 9, 1997, respectively, and lent KRW 218 million to H.

B. 1) After the confirmation, etc. of payment order, the comprehensive financing of K and F was bankrupt. 2) The bankruptcy trustee of K and F filed an application with the Seoul Central District Court for payment order seeking payment of delay damages at the rate of 25% per annum, which is the agreed interest rate of 20 million won from December 6, 1997 to the date of full payment, for the amount of 214,279,177 won, and for the delay damages up to December 5, 1997.

3) On March 4, 2005, the above court issued a payment order as above (Seoul Central District Court 2005 tea7585). The above payment order was finalized on March 29, 2005 with respect to G, and June 8, 2005 with respect to F. C. On November 9, 2012, the trustee in bankruptcy of the transfer of assignment of assignment and the notice thereof transferred the claim against G and Defendant F to the Plaintiff, and notified the fact of the transfer of assignment to Defendant F. G on January 22, 2015, G died on June 20, 2015, and G succeeded to Defendant B, C, D, and E, who is the denied Defendant A and its children.

2) On September 17, 2015, Defendant A, C, B, E, and D filed a report on the limited recognition of inheritance with the Daejeon District Court’s official order, and the said court accepted the said report on September 21, 2015 (Seoul District Court’s official order branch 2015Mo3012). [No dispute over the grounds for recognition exists.]

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