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(영문) 서울중앙지방법원 2018.05.03 2017가합538976
청구이의
Text

1. Of the instant lawsuit, the Defendant’s judgment against the Plaintiff is based on the original payment order issued by Seoul Central District Court No. 2014 tea23902.

Reasons

1. Basic facts

A. B (hereinafter “B”) concluded a credit transaction agreement with Solomon Savings Bank (the former trade name was “ Solomon Savings Bank,” but the trade name was changed to Solomon Savings Bank on September 27, 2010; hereinafter “ Solomon Savings Bank”) to borrow from Solomon Savings Bank as indicated below:

'1' or '4' credit transaction agreements according to the sequences below.

(2) The loan amount of the loan (the interest rate of 1 general loan 5.3 billion won on February 22, 2007, the interest rate of 1 general loan 5.2 billion won on February 24, 2013, annually 12.25% per annum 25% per annum on February 24, 2013, the general loan 1.25% per annum on February 24, 2013, annually 12.25% per annum on February 24, 2013, the general loan 1.25% per annum on February 24, 2013, the general loan 1.25% per annum on February 24, 2013, the general loan 90 million won per annum 25.25% per annum on February 24, 2011.

B. On May 27, 2011, the Plaintiff entered into a contract for collateral guarantee with Solomon Savings Bank within the limit of KRW 1170,000,000,000 for obligations under B’s fourth credit transaction agreement with Solomon Savings Bank.

C. On April 30, 2013, the bankruptcy was declared against the Solomon Savings Bank (Seoul Central District Court 2013Hahap46), and the above court appointed the Defendant as the trustee in bankruptcy of Solomon Savings Bank. D.

On April 22, 2014, the Defendant made an application against B and the Plaintiff for a payment order with the Seoul Central District Court Decision 2014Guj23902, “B shall refer to the aggregate of the principal of loan and the balance of the principal of loan, interest, and natural physical fees under the loan transaction agreement as of April 14, 2014. Of these, KRW 1,831,179,94 and KRW 1,267,739,957 plus KRW 3,098,919,901 and KRW 2.2 billion of the principal of loan, and the Seoul Central District Court applied for a payment order with B to the effect that “The Plaintiff shall pay KRW 1,170,000 out of the above money,” and the Seoul Central District Court made the payment order on May 8, 2014 (hereinafter “instant contents”).

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