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(영문) 서울중앙지방법원 2015.03.13 2014가합563315
양수금
Text

1. The Plaintiff:

A. The defendant Dong interest Co., Ltd. and the defendant A shall jointly and severally pay 2,241,513,075 won and 500,000 won.

Reasons

Facts of recognition

On September 5, 1996, Defendant Dong I Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Korea Technology Credit Guarantee Fund and the Defendant Company under the said credit guarantee agreement with the Korea Technology Credit Guarantee Fund under the terms of the guaranteed amount of KRW 600,00,000, and the term of guarantee until September 4, 1997 (the term of guarantee shall be changed to September 4, 1998). Defendant A and the network C (hereinafter “the network”) jointly and severally guaranteed all the liabilities the Defendant Company owes under the said credit guarantee agreement with the Korea Technology Credit Guarantee Fund.

On September 5, 1996, Defendant Company received 600,000,000 current loan from the Seocho-dong Branch of Han-gu Bank.

On November 20, 1997, the defendant company lost the benefit of time for the above loan obligations.

On June 1, 1998, the Korea Technology Credit Guarantee Fund subrogated to KRW 682,193,402 on behalf of the Korea Technology Credit Guarantee Fund, and disbursed KRW 3,847,00 as the legal procedure expenses such as provisional seizure of Defendant Company's property in order to preserve claims related to the above credit guarantee agreement, and recovered KRW 1,561,640 among them.

On May 11, 2004, the Korea Technology Credit Guarantee Fund filed a lawsuit against the Defendant Company, the Defendant A, and the Deceased, etc. for the payment of the amount of indemnity with the Daegu District Court Branch Branch Branch of 2004Kadan6199 on October 6, 2004, and rendered a judgment of 25% per annum from June 1, 1998 to October 31, 1998, on the amount of KRW 682,478,762 to the Plaintiff jointly and severally, and on the amount of KRW 682,193,402 to the Plaintiff; the amount of 20% per annum from the following day to February 29, 200; the amount of 18% per annum from the next day to April 16, 200; and the amount of 16% per annum from the next day to August 28, 2004 to the date of full payment."

On October 30, 2013, the Korea Technology Credit Guarantee Fund transferred the above claims against Defendant Company, Defendant A, and Deceased to the Plaintiff, and around that time.

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