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(영문) 서울중앙지방법원 2016.09.22 2015가합577236
대여금
Text

1. The Defendants jointly and severally against the Plaintiff’s Intervenor KRW 751,167,263 and the Plaintiff’s Intervenor’s Intervenor

A. Defendant A, Inc.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) borrowed each of the loans of KRW 3,900,000,000 on September 30, 2008, KRW 250,000,000 on June 9, 2009, and KRW 400,000,000 on September 28, 2009 (hereinafter “instant loan agreement”), and Defendant B received the comprehensive guarantee limit amounting to KRW 5,070,00,000 (hereinafter “instant joint and several guarantee agreement”). Accordingly, Defendant B was jointly and severally guaranteed (hereinafter “instant joint and several guarantee agreement”).

B. On March 16, 2011, the Plaintiff acquired the instant loan agreement and joint and several sureties agreement from the Samcheon Mutual Savings Bank pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

C. On April 15, 2016, the Plaintiff transferred the principal and interest of loans to the Plaintiff’s succeeding intervenor and the claim for joint and several sureties loans to the Defendants (hereinafter “instant contract for the assignment of claims”). On April 19, 2016, the Plaintiff notified the Defendant Company of the assignment of claims, and issued the Defendant Company’s notification at that time.

[Reasons for Recognition] The facts without dispute, Gap's statements in Gap's 1 to 5, 7, 11, 12 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the purport of Gap evidence Nos. 6 through 10 as to the claims against the defendants by the plaintiff succeeding intervenor and the whole pleadings, among the loan agreement of this case, ① KRW 3,900,00,000 as to the loan principal of September 30, 2008, and KRW 2,100,000 as of June 15, 201, and KRW 634,660,273 as of September 28, 201, and KRW 208 as of June 9, 200, KRW 208 as to the loan principal of KRW 3,90,00 as of June 30, 209, KRW 208, KRW 309 as of June 4, 208, KRW 208, KRW 409 as to the loan principal of KRW 250,000 as of June 9, 200, KRW 209, KRW 384,20196.67.4

The above facts of recognition and the above facts of recognition.

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