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(영문) 서울중앙지방법원 2016.08.10 2014가합587052
양수금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 3,678,908,167 and KRW 619,000,000 among them, Defendant A and B’s joint and several liability.

Reasons

1. Basic facts

A. On December 22, 1995, Gyeongnam General Financial Co., Ltd. (hereinafter “Seoul Special Financial Co., Ltd.”) entered into a bill transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to pay interest rate of KRW 13.8 billion as determined by Gyeongnam General Financial Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and interest, overdue interest, and discount fees, etc. according to the method of calculation (hereinafter “instant bill transaction agreement”). Defendant B and G jointly guaranteed the Defendant Co., Ltd.’s debt owed to Gyeongnam General Financial Co., Ltd. pursuant to the bill transaction agreement on the same day.

B. The Gyeongnam General Finance lent money to the Defendant Company pursuant to the Promissory Notes transaction agreement as follows.

On January 5, 1998 1,798,546,08 annual 20% on January 5, 21998 2,310,310,000 on January 6, 1998 3,387,817,2904. 4,80,000,000 on January 7, 1998

C. The obligation based on the instant bill transaction agreement is KRW 33,628,618,255, totaling the principal amount as of June 19, 2014, KRW 6,187,817,290, and KRW 27,440,80,965.

On September 30, 1998, the Changwon District Court declared bankrupt and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

E. On September 14, 2012, the Korea Deposit Insurance Corporation transferred a claim under the Promissory Notes transaction agreement to the Plaintiff and notified the Defendants of the transfer of the claim on November 8, 2012.

F. On the other hand, the deceased on January 27, 2001, Defendant C, D, E, and F, their children, were their successors. The above Defendants reported the inheritance limited acceptance as the Changwon District Court 2003Ra15 on January 13, 2003, and accepted the report on January 27, 2003.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The judgment of the Plaintiff is partially claimed against the Defendants, and KRW 619,00,000 out of the balance of the loan principal under the Promissory Notes transaction Agreement, and this is accordingly.

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