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(영문) 서울중앙지방법원 2015.02.10 2013가단143120
양수금
Text

1. The plaintiff

A. As to Defendant A and Defendant B’s joint and several liability amounting to KRW 217,868,960 and KRW 56,173,769.

Reasons

1. Facts of recognition;

A. On March 31, 1989, Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a credit limit trading agreement and a payment guarantee trading agreement with Non-Party D Bank (hereinafter “Non-Party D Bank”) and issued one promissory note with face value and payment due date as security for lending and using money.

B. Defendant B and the networkF jointly and severally guaranteed the Defendant Company’s loan obligations against the Nonparty Bank.

C. Around September 30, 1992, the Defendant Company did not repay its loan obligations and Nonparty Bank transferred KRW 92,975,187 to the Plaintiff via the Korea Asset Management Corporation and the Korea Asset Management Corporation.

As of April 11, 2013, loans owed by the Defendant Company are 56,173,769 won in principal, and 161,695,191 won in interest and interest in arrears.

E. On July 5, 1997, the deceased Defendant C, D, and E, a bereaved family member, died, and Defendant D was entitled to the exemption of Defendant C, D, and E on April 10, 2014, with the Seoul Family Court 2013 Ma1132, and Defendant E was entitled to the exemption of the exemption of the exemption of the exemption of Defendant C as Suwon District Court 2009Da14733, May 10, 2010.

[Ground of recognition] Evidence Nos. 1, 2, 3, 3, 4 of Evidence Nos. 2-1, 2-3, 3, 4, Eul No. 1, and Eul Nos. 1 and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the claim against the Defendant Company and B, the Defendant Company and the joint guarantor of the Plaintiff, who acquired the loan claims against the Defendant Company of the Nonparty Bank, are jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 31, 2014 to the date of full payment, as to the total amount of principal and interest of KRW 217,868,960, and the principal amount of KRW 56,173,769, which is the principal.

(b) concerning claims against Defendant D and E.

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