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(영문) 서울중앙지방법원 2017.08.29 2017가합18519
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 533,492,064 and KRW 289,792,473 among them.

Reasons

1. Facts of recognition;

A. On August 29, 2008, Defendant A loaned loans to Defendant A and joint and several sureties of Defendant B, from the Industrial Bank of Korea on August 29, 2008, the interest rate of KRW 290,000,000 for small and medium enterprise loans was 17.1% per annum, and the due date was determined on August 25, 2009 (hereinafter “instant loans”), and at the time, Defendant B jointly and severally guaranteed Defendant A’s obligations for the instant loans within the limit of KRW 84,00,000.

[2] Defendant B’s joint and several sureties’s joint and several sureties’s assertion to the effect that Defendant A’s other loans were jointly and severally guaranteed, not the instant loan obligations, but the Defendant A’s other loans. However, in light of the fact that the bond number stated in the letter of collateral guarantee (No. 2-2) and the letter of credit transaction agreement (No. 2-1) under the name of the Defendant A is all August 29, 2009, and the above letter of collateral guarantee and the letter of credit transaction agreement (No. 2-1) appear to be the same as the signing or sealing of the employees of the Bank at the right upper corner of the above letter of collateral guarantee and the letter of credit transaction agreement, and it is clear that Defendant B’s joint and several sureties’s joint and several sureties paid KRW 15,00,000 in total to the Industrial Bank of Korea from December 27, 2010 to February 29, 2012, it is evident that Defendant B’s debt is the credit number of the instant loan.

1) The Plaintiff is a company established under the Asset-Backed Securitization Act and engaged in asset-backed securitization business. The Bank of Korea and the Joint Asset Management Co., Ltd. (hereinafter “Joint Asset Management”).

(B) On November 25, 2010, an asset acquisition agreement (including the claim for the loan of this case on the object) entered into between the parties.

(2) On December 8, 2010, the Plaintiff acquired the instant loans in accordance with the transfer and acquisition contract of the assets acquisition agreement between the Plaintiff and the Industrial Bank of Korea, the United Bank of Korea, the management of the combined assets, and the acquisition of the instant loans between the Plaintiff. (2) On December 8, 2010, the Plaintiff acquired the instant loans.

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