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(영문) 서울중앙지방법원 2016.10.13 2015가단5019585
양수금
Text

1. The Defendants are jointly and severally and severally liable to the extent of 68,211,000 won, and the Plaintiff’s succeeding intervenor’s jugal junel loan.

Reasons

1. Basic facts

A. On July 18, 2006, SBA 3 Savings Bank (hereinafter “Nonindicted Savings Bank”) loaned KRW 1.1 billion to D at an interest rate of 10.5%, 24 months, and delayed interest rate of 24% (hereinafter “instant loan”), and the Defendant A, B, and C (hereinafter “Defendant Company”) set each limit as KRW 1.4 billion and jointly guaranteed the D’s debt amount.

B. In relation to the instant loan, on July 20, 2006, the Defendant Company completed the registration of the establishment of a mortgage over the fourth priority of the maximum debt amount of KRW 1.43 billion with the joint collateral of KRW 1.4 billion with the remainder of the maximum debt amount of KRW 1.44 billion with the joint collateral of KRW 1.54 billion with the maximum debt amount of KRW 1.54 billion with the remainder of the maximum debt amount of KRW 1.5 billion with the joint collateral of KRW 1.4 billion with respect to the instant loan.

C. On June 30, 2008, the Non-Party Savings Bank appropriated interest and late payment charges, etc. on the amount recovered. On November 20, 2012, the remaining principal amount of KRW 1.1 billion was divided into KRW 99 million and KRW 1.8 million on July 16, 2013, and transferred KRW 92,00,000 of the loan principal to the Non-Party Savings Bank Co., Ltd. (hereinafter “Non-Party Savings Bank”).

The non-party savings bank received dividends of KRW 58,304,371 on December 24, 2013 in the H voluntarily auction procedure for the Daegu District Court Kimcheon-si, Kimcheon-si, which commenced with respect to three parcels, and appropriated for the remaining loans.

E. On June 27, 2014, Nonparty Savings Bank transferred the remaining principal amount of KRW 52,524,950 among the instant loan claims to the Plaintiff (hereinafter “instant transferee claim”). The Plaintiff was delegated with Nonparty Savings Bank’s power to notify the transfer and notified the Defendants of the transfer.

F. During the instant lawsuit pending, the Plaintiff transferred the instant acquisition claim to the Plaintiff’s Intervenor’s Intervenor’s Intervenor’s gallethal LAD Loan Co., Ltd., but notified the Defendants of the transfer on November 2015 with the delegated authority to return the instant claim.

[Reasons for Recognition] A.1 to 13 Facts without dispute, and Nonparty 1.

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