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(영문) 서울중앙지방법원 2015.01.08 2014가단5120778
양수금
Text

1. The defendant shall be the plaintiff.

(a) gold 11,201,311 won and gold 8,520,194 won among them from November 30, 1999 to full payment;

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 6.

The Industrial Bank of Korea granted a loan to the Defendant, but filed a lawsuit against the Defendant, B, C, and D seeking the return of the above principal and interest of loans with the Gwangju District Court on September 21, 2004 (hereinafter “prior judgment”) and the prior judgment became final and conclusive around that time.

For the Bank:

A. Defendant and B jointly and severally share 11,201,311 won and gold 8,520,194 won to the Plaintiff at the rate of 18% per annum from November 30, 1999 to full payment;

B. The defendant and C shall jointly and severally engage in gold 36,220,91 won and gold 24,702,333 won in proportion to 19% per annum from April 27, 1999 to full payment;

C. The defendant, C, and B shall jointly and severally engage in gold 20,000,000 won and 17.25% per annum from April 7, 1998 to May 16, 1998; 26% per annum from the following day to October 14, 1998; 22% per annum from the following day to January 18, 199; and 19% per annum from the following day to the date of full payment;

D. Defendant B, C, and D jointly and severally pay 30,827,397 won and 28,000,000 won and 25% per annum from August 4, 1998 to August 30, 198; 24% per annum from the following day to October 6, 1998; 22% per annum from the following day to January 19, 199; and 18% per annum from the following day to the date of full payment.

B. The Future Savings Bank Co., Ltd. acquired all bonds held by the Industrial Bank of Korea against the Defendant on the basis of the prior judgment of the Industrial Bank of Korea through Korea’s U.S. Specialized Asset-backed Securitization Co., Ltd. and E. E.S.

C. Meanwhile, the future savings bank, a corporation, was declared bankrupt by the Seoul Central District Court, and the Plaintiff was appointed as the trustee in bankruptcy on April 30, 2014.

(2013Hashes54) d.

The plaintiff is the defendant based on the preceding judgment.

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