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(영문) 서울중앙지방법원 2016.04.14 2015가합25445
양수금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 29, 2001, the Daeyang Mutual Savings and Finance Company Co., Ltd. (hereinafter “Mayang Mutual Savings and Finance Company”) prior to the declaration of bankruptcy loaned eight billion won interest rate of 18% per annum, 24% per annum at overdue interest rate, and September 29, 2002 at the due date to pay. Defendant A guaranteed the above principal and interest obligation of the Defendant Company at the time.

(b) The Korea Deposit Insurance Corporation in bankruptcy of the Daeyang Mutual Savings and Finance Company shall be the principal and interest of the loan of this case (hereinafter referred to as the "loan claim of

In relation to the payment order, on September 24, 2004, the Seoul Central District Court 2004Da49464 decided on May 6, 2005, "Defendant A jointly and severally with the Defendant Company to pay KRW 10,345,831,357 to the creditors and KRW 7,918,98,076 per annum 24% per annum from February 21, 2003 to the full payment order" was issued, and the above payment order was finalized on October 29, 2004. The bankruptcy trustee of the Daeyang Mutual Savings and Finance Company also transferred the Plaintiff’s claim against the Defendant Company at KRW 205Da20451 decided on May 6, 2005 to the Plaintiff at KRW 10,345,31,357, and KRW 2085 decided on May 27, 200, and KRW 2010 per annum 305 decided on May 28, 20197.

2. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff asserted that the Plaintiff was transferred the claim for the instant loan, which is a claim established by the Korea Deposit Insurance Corporation, the trustee in bankruptcy of the Daeyang Mutual Savings and Finance Company, as above, and that it received a judgment ordering payment from the Defendants (Defendant A) and (Defendant Company) in order to discontinue the completion of the extinctive prescription (Defendant Company).

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