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(영문) 서울중앙지방법원 2021.02.05 2020가합548959
양수금 및 보증채무금
Text

The Defendants are jointly and severally liable to the Plaintiff

A. As to KRW 163,299,708 and KRW 155,141,80 among them, from March 26, 2020 to KRW 155,141,80

Reasons

1. Basic facts

A. The Defendant Company B (hereinafter “Defendant Company”) entered into a loan transaction agreement with Defendant Company B (hereinafter “Defendant Company”) as listed in the following table (hereinafter “instant loan”); Defendant C jointly and severally guaranteed the Defendant Company’s obligation under the said loan transaction agreement to the extent of the amount stated in the column of the “net Guarantee Limit” as to the obligation under the said loan transaction agreement.

The amount of loans extended on April 2, 2014 for the extended loan date shall be KRW 88,00,000 on April 2, 2017, 11,065,60,600 on April 2, 2017, which is KRW 62,00,000 on April 2, 2014, for the extended loan extended to enterprises and facilities, KRW 74,40,000 on April 2, 2017.

B. The Defendant Company lost the benefit of time by delinquency in paying the principal and interest of the above loans, and D applied for a voluntary auction on the real estate of the Defendant Company that created the right to collateral security at the time of the instant loan to Seoul Central District Court E, and rendered a decision of commencement of auction on November 10, 2017 (hereinafter “auction of this case”).

D On December 1, 2017, between F Co., Ltd. (hereinafter “F”) and F Co., Ltd. (hereinafter “F”), entered into an asset sales contract for the sale of defective loan claims, such as the instant loan claims, to F, and F entered into a contract between D and the Plaintiff on December 28, 2017 to transfer all rights and obligations under the said asset sales contract to the Plaintiff.

D On December 29, 2017 and January 5, 2018, notified Defendant Company of the purport that the instant loan was transferred to the Plaintiff on two occasions, by content-certified mail.

(d)

At the auction dividend date of this case implemented on March 21, 2019, the Plaintiff was paid dividends of KRW 952,232,996 as D’s successor. However, G, who raised an objection to dividends of KRW 90,000,000 out of the Plaintiff’s dividends, was paid dividends of KRW 862,232,96,00,000, excluding KRW 90,000 deposited by the Plaintiff.

After all, G's lawsuit of objection against the plaintiff is dismissed or confirmed, and the dividends deposited on October 7, 2019 are about KRW 90,172,593 (90,000,000).

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