logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.07 2016가합506903
양수금
Text

1. The Plaintiff:

A. The Defendants jointly and severally pay 6,300,000,000 won;

B. Defendant A Co., Ltd.

(b).

Reasons

1. Basic facts

A. On October 13, 2009, another mutual savings bank (hereinafter referred to as the “BJ mutual savings bank”) deemed to have concluded a credit transaction agreement with the Defendant Intervenor C Co., Ltd. (hereinafter referred to as the “Supplementary Intervenor”), “6.5 billion won per annum,” “12% per annum,” “25% per annum,” and “25% per annum,” respectively, on October 13, 2010, respectively (hereinafter referred to as the “credit transaction agreement”).

B. On June 1, 2010, the Intervenor entered into a transfer security contract (hereinafter “instant transfer security contract”) with the Defendant Company A (hereinafter “Defendant Company”) to provide the following credits (hereinafter “instant bonds”) which the Intervenor owned with the Defendant Company A (hereinafter “Defendant Company”). Accordingly, the Intervenor notified the Defendant Company of the transfer of the instant bonds to the mutual savings bank by way of document proving the content of the instant credit transaction agreement and notified the Defendant Company by June 26, 2010.

The details of the claims of Defendant B (within the limit of 6.3 billion won, 6.3 billion won, Defendant C, Defendant C, Defendant C, Defendant C, the primary debtor of Defendant C, the primary debtor, at the rate of delay damages with no interest on June 11, 2011, 19% joint and several surety

C. However, the Intervenor did not repay the principal and interest of the loan after October 13, 2010, which is the expiration date of the credit, and the amount of the loan has reached KRW 15,765,284,007 as of January 28, 2016.

On the other hand, the Boan Mutual Savings Bank was declared bankrupt on March 5, 2012 by the Gwangju District Court 2012Hahap1, and the plaintiff was appointed as the bankruptcy trustee of the bankrupt debtor.

The plaintiff shall take over the lawsuit (Seoul Central District Court 2012Gahap62528 (Counterclaim)) against the supplementary participant, etc. in accordance with the credit transaction agreement, etc. of this case filed by the supplementary participant, etc., and ruled against the plaintiff in the first instance.

arrow