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(영문) 부산지방법원동부지원 2017.07.21 2016가합104721
양수금
Text

1. The Plaintiff:

A. As to the defendant school juristic person A, 2,751,953,342 won and 1,005,718,870 won among them, the defendant school juristic person A shall have the effect on Sep. 11, 1998.

Reasons

1. Facts of recognition;

A. The Defendant educational foundation A (hereinafter “Defendant educational institute”) entered into a credit transaction agreement with Dongnam Bank Co., Ltd. (hereinafter “Defendant educational foundation”) on December 20, 1995 with a loan amount of KRW 3,00,000,000,000 on December 20, 1995, and the transaction period of KRW 20 on December 20, 1996 (hereinafter “first loan”), and entered into a credit transaction agreement on June 26, 1998 with a credit amount of KRW 5,00,000,000,000 on June 26, 1998, and received a loan (hereinafter “second loan”).

E As to the first loan, the guarantee limit is 650,000,000,000, and the second loan is 650,000,000, with respect to the second loan, the Defendant’s Private Institutes guaranteed the present and future obligations to the East Bank Co., Ltd.

B. Defendant Private Teaching Institutes lost the benefit of time due to their failure to repay the principal and interest of each loan.

Defendant Private Teaching Institutes paid KRW 1,94,281,130 as of November 23, 2001 and appropriated the principal of the first loan for the principal, and the principal of the first loan was remaining in the status of KRW 1,005,718,870.

C. Dongnam Bank Co., Ltd., in the Korea Housing and Commercial Bank, and the Korea Housing and Commercial Bank Co., Ltd., in sequence transferred each of its loans to the Plaintiff, and notified Defendant Private Teaching Institutes and E thereof.

The plaintiff filed a lawsuit against the defendant's educational institute or E for the claim for the amount of loans (the Busan District Court Decision 2006Gahap17020), and the above court on January 24, 2007 shall be jointly and severally liable to the plaintiff, the defendants shall not exceed 4,250,000,000 won, Defendant E shall be jointly and severally liable to pay 2,751,953,342 won, and 1,005,718,870 won per annum from September 11, 1998 to October 22, 1998, 26% per annum from October 23, 1998 to January 25, 199 to January 26, 199 to 19, 100 to 29% per annum from January 29, 199 to 19, 109 to 19, 298.

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