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(영문) 서울중앙지방법원 2015.11.30 2014가단5188392
양수금
Text

1. The Plaintiff:

A. As to KRW 166,448,582 and KRW 64,145,440 among them, Defendant A (Appointed Party) from May 29, 2014.

Reasons

1. Basic facts

A. On September 13, 1996, the Defendant (Appointed Party) entered into a monetary loan agreement with the Gyeonggi Bank Co., Ltd. and 20,000,000 won for loans for the subject of loan, the lending limit of 80,000,000 won for loans on December 20, 1996, and a monetary loan loan agreement with a discounted bill for loans (hereinafter the instant bonds, the instant obligations), and the F guaranteed all the obligations of the Defendant (Appointed Party) with respect to credit transactions with the Gyeonggi Bank including the instant obligations.

As of May 28, 2014, the amount of debt in this case shall be 102,303,142 won interest for delay as of the principal amount of KRW 64,145,440, and the rate of delay damages shall be 17% per annum.

B.F died on January 30, 2001, and succeeded to F, including wife H, Defendant (Appointed Party) A, Defendant (Appointed Party) C, B, D, and E.

Since H, Defendant (Appointed), B, D, and E were tried to approve the inheritance of F with respect to the inheritance of F’s property as the Gunsan Branch of Jeonju District Court Decision 2004Ra49.

C. On October 26, 1998, the Gyeonggi Bank was declared bankrupt by the Incheon District Court. The bankruptcy trustee J of the Gyeonggi Bank for the bankrupt Bank and the Korea Deposit Insurance Corporation filed a lawsuit against H, Defendant (Appointed), Defendant (Appointed), Defendant C, B, D, and E with the Incheon District Court Decision 2003Ga3668, which was wholly winning the judgment of the Plaintiff on July 6, 2004.

The above judgment became final and conclusive against Defendant (Appointed Party) and decided to recommend reconciliation between H, Defendant (Appointed Party) C, B, D, and E in the case of Seoul High Court No. 2004Na62773, which is the appellate court, and H, Defendant (Appointed Party) C, B, D, and E were decided within the scope of the property inherited from the net F. D.

Since then, the Korea Deposit Insurance Corporation, a trustee in bankruptcy of the Bank of Gyeonggi, a bankrupt bank, shall be the reorganization financing corporation, the reorganization financing corporation to the Bali Capital, and the mentora Capital loan to the mentor Annata Co., Ltd., the corporation.

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