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(영문) 창원지방법원 2004.01.15 2003가합1311
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 1,564,906,219 won and 1,259,456,266 won among them.

Reasons

1. Under Article 150 of the Civil Procedure Act, the following facts are acknowledged by each description of Gap evidence 1 and 6 (including family numbers) between the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”), pursuant to Article 150 of the same Act.

A. On February 18, 1997, the non-party F Co., Ltd. (hereinafter "non-party F Co., Ltd.") entered into a loan agreement with the defendant company up to the loan limit of 20 million won, general loan of loan subjects (corporate operating loan), transaction period of February 18, 1998, and loaned the above money to the defendant company (hereinafter "non-party F Co., Ltd.). On April 28, 1997, the non-party F Co., Ltd. entered into an additional agreement to increase the loan amount of 20 million won (the loan limit of 40 million won) with the defendant company on April 18, 1997, and the non-party H Co., Ltd. (2) entered into an import transaction agreement with the defendant company as well as payment guarantee limit of 846,00,000,000,000 won, and made an additional payment guarantee agreement with the non-party F Co. 930,408.

B. On the other hand, the defendant company and the non-party H promised to apply each provision of the Bank Credit Transaction Basic Agreement to the joint and several guarantee, and agreed to apply the changed interest rate when the interest rate is changed due to the above loan transaction.

C. However, the non-party bank urged the Defendant company and the non-party H to pay the principal and interest of the loan according to the south, but the Defendant company and the non-party H did not pay the principal and interest of the loan.

After all, the non-party bank is the defendant company and the non-party company.

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