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(영문) 인천지방법원 2017.12.12 2016가합54496
양수금
Text

1. The Defendants shall not exceed KRW 2,136,781,205, respectively, to the Plaintiff within the scope of property inherited from the deceased C (D).

Reasons

1. Basic facts

A. The Industrial Bank of Korea (hereinafter “Industrial Bank”) concluded each credit transaction agreement (hereinafter “the instant credit transaction agreement”) with each of the following dates: (a) the Industrial Bank of Korea (hereinafter “Industrial Bank”) entered into a loan agreement with E Co., Ltd. (hereinafter “Nonindicted Company”); and (b) paid each of the loans to the Nonparty Company on each date stated in the “date of loan” as stated in the “date of loan”).

B. C jointly and severally guaranteed the loan obligations owed by the non-party company to an enterprise bank in accordance with each credit transaction agreement of this case (hereinafter “the loan obligations of this case”) with each guarantee stated in the “Guarantee Limit” in attached Table 2.

C. Pursuant to the Asset-Backed Securitization Act, an enterprise bank transferred each of the loans principal and interest claims based on each of the instant credit transaction agreements to the non-party company, and notified the non-party company of the fact of the transfer of the transfer. On September 2, 2008, the company Hyundai Switzerland Savings Bank transferred each of the above loans principal and interest claims to the non-party company, and notified the non-party company of the fact of the transfer of the transfer. On October 29, 2015, the company Hyundai Switzerland Savings Bank (mutual change to the Switzerland Savings Bank on September 1, 2013) transferred each of the above loans principal and interest claims to the non-party company and notified the non-party company of the fact of the transfer of the transfer of claims.

Of the loan principal and interest obligations under each credit transaction agreement of this case, where the non-party company is unable to pay on May 17, 2016, each of the loan principal and interest (hereinafter referred to as "the principal and interest on loans once in order") is indicated in the separate sheet.

E. Meanwhile, C on November 201, 201.

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