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(영문) 서울고등법원 2017.01.13 2016나2018928
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On January 24, 2007, the Korea Exchange Bank entered into an agreement with B agricultural partnership on the loan limit of 2 billion won, maturity of 2 billion won, interest and interest interest interest rate determined by the above bank, overdue interest rate, overdue interest rate, etc. (hereinafter “instant loan agreement”). On the same day, the Plaintiff entered into a comprehensive collateral guarantee (joint and several guarantee) with respect to all credit transactions of B agricultural partnership, including obligations under the instant loan agreement, with the limit of 2.6 billion won.

B. On June 9, 2008, Korea Exchange Bank Co., Ltd. transferred the principal and interest claims based on the instant loan agreement to a limited-liability company specializing in foreign exchange settlement, and notified the said assignment of claims to B farming association corporations and joint guarantors on August 7, 2008.

Afterward, on October 20, 2009, a limited company specializing in foreign exchange schemes re-transfer the principal and interest claims based on the loan agreement of this case to Hyundai Sscam Savings Bank (the Hyundai Scam Savings Bank Co., Ltd. on August 26, 2010; and on September 1, 2013, Escama was consolidated with the Defendant on October 31, 2014, after its mutual name was successively changed to the 3rd Savings Bank; hereinafter collectively referred to as the “Defendant”), and notify the said transfer to the farming association corporation and the joint guarantor on December 17, 2009.

C. As of December 11, 2014, the loan principal based on the instant loan agreement is KRW 852,818,070, the interest rate of KRW 950,415,391 (interest rate of KRW 8.74 per annum) plus KRW 1,803,233,461.

Around December 22, 2014, the Defendant filed an order for payment (Seoul Central District Court 2014 teas. 289375) against B agricultural partnership and the Plaintiff for the payment of principal and interest claims based on the instant loan agreement, and on January 7, 2015, “B agricultural partnership and the Plaintiff jointly and severally from the said court and jointly with the Defendant for KRW 1,803,233,461 and KRW 852,818,070 among them, shall be the original order for payment from December 12, 2014.

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