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(영문) 서울중앙지방법원 2017.07.13 2016가단5259212
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion that Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) borrowed money from Korea Light Bank, and Defendant B and C jointly and severally guaranteed the Defendant Co., Ltd’s obligation to the said bank. On March 30, 2002, Korea Light Bank transferred the Defendant’s obligation to the Defendant’s loan to the Korea Light Bank Specialized in the Third Asset-Backed Securitization. On February 14, 2003, Korea Asset-Backed Co., Ltd. transferred this to the Korea Asset-Backed Savings Bank Co., Ltd., Ltd., and on June 15, 201, Korea Asset-Backed Savings Bank transferred this obligation to the Plaintiff.

Therefore, the Defendants are obligated to pay to the Plaintiff a total of KRW 4,526,636,693.

2. According to the purport of Gap evidence Nos. 1 and 2 and all pleadings, the fact that the defendant company obtained the payment guarantee agreement of KRW 500 million with Hanil Bank on December 23, 1991, the payment guarantee agreement of KRW 20 million on February 1, 1992, the lending limit of KRW 960 million on July 1, 1991, the lending limit of KRW 960 million and the payment guarantee agreement of KRW 650 million on December 26, 1991, the payment guarantee agreement of KRW 65 million on bill transactions with KRW 30,000 on December 26, 1991, KRW 10,000 on the credit transfer of KRW 10,000 on December 19, 1991, KRW 200,000 on the credit guarantee limit of KRW 306,500,000 on the bonds transfer of KRW 106,000 on December 19, 2091.

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