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(영문) 부산지방법원 2015.04.30 2013가합13866
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 474,060,192 and the amount of KRW 283,233,692 from June 12, 2013 to the date of full payment.

Reasons

Basic Facts

A. On June 13, 2008, Pakistan Mutual Savings Bank concluded a credit transaction agreement with B Co., Ltd. (hereinafter “B”) on a set of 630,000,000 won for credit limit, July 13, 2008 on the expiration date of the credit period, 13% per annum, and 25% per annum for delay damages, and loaned 630,000,000 won.

(hereinafter “instant loans”). (b)

On June 13, 2008, the defendant, who was the representative director of B, concluded a collateral guarantee contract with the Pakistan Mutual Savings Bank, with the content that B shall be jointly and severally guaranteed at a limit of KRW 1,300,000 with respect to the loans of bills, instruments loans, discount of notes, payment guarantee, sales bond transactions, credit installment transactions, and all other debts due to credit transactions, guaranteed obligations, and obligations of bills or checks at a limit of KRW 1,30,000.

(hereinafter “instant collateral guarantee”). C.

On June 18, 2008, the Pakistan Mutual Savings Bank concluded an additional mortgage contract to add the existing right to collateral security (the maximum amount of claim 1,274,000,000 won) having the obligation of the instant loan as a collateral (hereinafter “the instant forest”) to the joint collateral, which is owned by Busan Seo-gu C forest 29,586 square meters (hereinafter “the instant forest”), and completed the registration of the creation of a neighboring mortgage (hereinafter “the instant right to collateral security”) based on the additional contract as to the instant forest.

On May 13, 2011, Pakistan Mutual Savings Bank transferred to D the claim for loans of KRW 200,000,000 among the loan claims against D with respect to B, and completed the supplementary registration of the transfer of the right to collateral security on May 13, 2011 with respect to the registration of the instant right to collateral security on the same day.

E. The expiry date of the credit period under the credit transaction agreement between the Pakistan Mutual Savings Bank and B was extended on August 29, 201 with the consent of the guarantor, including the defendant.

(f) The Financial Services Commission shall on December 28, 201.

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