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(영문) 부산지방법원동부지원 2017.10.20 2016가합104813
양수금
Text

1. Defendant A Co., Ltd.: KRW 500,000,000 and 19% per annum from July 6, 2006 to November 2, 2006 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From November 21, 2001 to March 3, 2003, the Defendant Company borrowed a total of KRW 1,385,000,000 as stated in the “loan” column in the credit transaction agreement sheet from Choung Bank Co., Ltd. (hereinafter “Mediation Bank”), and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to lend to Choung Bank (hereinafter “instant joint and several guarantee agreement”).

50,000,000 won on July 15, 2002, July 15, 2002, 200, under an order of 42,000,000 won under an agreement date set forth in the table of credit transaction agreements.

B. C. C.S. L. L.S. L. L. L. L. L. L. L.S. Specialized in C.S. L. L. L. L. L. L.S. filed a lawsuit against the Defendants by acquiring the above loans from L.S. Bank. On November 30, 2006, the above court rendered a judgment that “the Defendants jointly and severally paid to the Plaintiff 1,129,136,629 won and 814,346,826 won from July 6, 2006 to November 2, 2006, 19% per annum from the next day to the day of full payment, and 20% per annum from the next day to Nov. 2, 2006.” The above judgment became final and conclusive as is January 24, 2007.

C. On May 12, 2010, Hyundai Switzerland Mutual Savings Bank (hereinafter “SB Savings Bank”), Hyundai 3 Mutual Savings Banks, Inc. (hereinafter “SBA”), notified the Defendant company of the transfer of the claim on the same day. On October 29, 2015, SB Savings Bank (hereinafter “SB Savings Bank”) transferred the claim, and notified the Plaintiff of the transfer of the claim on April 12, 2016.

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

2. Determination on the cause of the claim

A. According to the above facts of recognition, barring any special circumstance, the Defendants shall be the Plaintiff within the scope of the above judgment amount.

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