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(영문) 대전지방법원 2016.10.14 2015가합103238
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 249,281,882 won and its weight; 11,200,000 won and its weight;

Reasons

1. Basic facts

A. On September 23, 1996, the Choung Bank Co., Ltd. (hereinafter “Mediation Bank”) entered into an import transaction agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to pay on subrogation within the scope of USD 120,000 for obligations arising from the import transaction under the credit, etc. issued by the Defendant Co., Ltd. as an importer, and the Defendant B jointly and severally guaranteed the Defendant Co., Ltd’s obligations to the Defendant Co., Ltd. within the limit of KRW 130,000,000 on November 12, 1996.

On May 14, 1997, the Dai Han Bank lent 57,141,035 won to the Defendant Company at the interest rate of 18% per annum. The Defendant Company did not pay the principal and interest at all.

B. On October 21, 1996, Kiung Bank entered into a bill transaction agreement between the defendant company and the amount of KRW 101,20,000,000, the transaction period of January 11, 1997, and the rate of overdue interest of KRW 18% per annum, and lent KRW 101,20,000 to the defendant company.

On January 11, 1997, Defendant B and C guaranteed the Defendant Company’s above debt amounting to KRW 132,000,000.

The Defendant Company repaid 10,259,153 won out of interest and principal until May 9, 1997 to Choung Bank.

C. On October 21, 1996, Kiung Bank entered into a bill transaction agreement between the defendant company and the amount of KRW 101,20,000,000, the transaction period of January 17, 1997, with 18% per annum, and lent KRW 101,20,000 to the defendant company.

On January 17, 1997, Defendant B and C guaranteed the Defendant Company’s above debt within the limit of KRW 132,000,000 against Cho Ho Bank.

The Defendant Company paid only interest to Cho Ho Bank up to January 22, 1997. D.

The Defendant Company did not repay KRW 448,92,897, which was borrowed as real estate mortgage loans in addition to each of the above loans, and on September 29, 1998, the Daiung Bank stated the loan principal of KRW 698,274,779 [the loan principal of KRW 57,141,035, 847, 90,847, i.e., KRW 101,200,00 - KRW 10,259,153 (c).

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