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(영문) 서울중앙지방법원 2015.01.14 2014가합34695
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 385,326,986 and KRW 176,872,785 among the Defendants.

Reasons

1. Facts of recognition;

A. On June 20, 2006, the Industrial Bank of Korea (hereinafter “the Bank”) extended KRW 369,000,000 for the Local Restructuring Facility Fund to Defendant A Co., Ltd. (hereinafter “Defendant A”) and KRW 100,000 for the Local Restructuring Fund on March 5, 2007, respectively.

(hereinafter “instant loan”). (b)

Defendant B guaranteed the instant obligation within each limit of KRW 563,00,000 (=3,000 on June 20, 2006) (i.e., KRW 443,000,000 on probation guarantee amount of KRW 120,000 on March 5, 2007); Defendant C guaranteed the instant obligation within each limit of KRW 820,000,000 on probation guarantee amount of KRW 700,000 on June 20, 2006 (= KRW 120,000,000 on probation guarantee amount of KRW 120,000 on March 5, 2007).

C. On June 19, 2009, the Industrial Bank of Korea transferred the instant loan claims to a limited-liability company specializing in the 2000 error securitization, and notified Defendant A of the assignment of claims around July 16, 2009.

On May 23, 2012, a limited liability company specializing in the 190s error securitization transferred the instant loan claims to the Hyundai Sk-2 Savings Bank Co., Ltd., and notified the Defendant A of the assignment of claims around August 6, 2012.

On September 1, 2013, Hyundai Switzerland Savings Bank, Inc., changed its trade name to SBA Savings Bank on September 1, 2013, and was merged into the Plaintiff on October 31, 2014.

Defendant A was unable to repay the principal and interest of the instant loan obligation from June 2008.

around September 3, 2010, Defendant C paid KRW 186,290,00 for the repayment of Defendant C around November and around September 2009; KRW 298,609,296, which was distributed to Defendant C’s real estate in the voluntary auction procedure (Seoul District Court Assistance E) around May 3, 2010, was appropriated for Defendant C’s personal obligation and the instant loan obligations.

E. The remainder of the principal and interest of the instant loan obligation until February 24, 2014 is KRW 176,872,785, interest 208,454,201, total amount of KRW 385,326,986.

The interest rate of the instant loan was agreed at a floating rate, and the interest rate at present applied.

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