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(영문) 서울중앙지방법원 2015.10.23 2014가합582286
부당이득금
Text

1. The defendant is based on the assignment order of claim attachment and assignment order No. 2014 Tachi4810 of the Incheon District Court to B.

Reasons

1. Facts of recognition;

A. On June 30, 2005, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) (hereinafter “E”) concluded a joint and several obligation on June 30, 2005 with interest rate of KRW 8,00,000,000 per annum, interest rate of KRW 11% per annum, delay damages, and interest rate of KRW 25% per annum, June 30, 2006 at maturity (hereinafter “instant loan No. 1”), D, and E Co., Ltd. (hereinafter “E”).

B on July 28, 2008, the interest of the first loan obligation of this case was lost, and as of May 26, 2014, the balance of the first loan of this case was 8,00,000,000,000, interest and delay delay damages KRW 11,465,358,874, total of KRW 19,465,358,874, and KRW 19,465,358,874.

Plaintiff

The Korea Deposit Insurance Corporation (hereinafter “Plaintiff 1”) filed an application with the Seoul Central District Court for a payment order seeking the payment of the first loan against B as Seoul Central District Court 2014 tea23182, and the said payment order was finalized as it is.

B. On June 30, 2005, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “the Gyeonggi Savings Bank”) established a loan with 11% interest rate per annum, 25% per annum, delay damages, and 25% on June 30, 2009 (hereinafter “instant second loan”), D, and E jointly and severally guaranteed the above loan obligations.

B on September 28, 2008, the interest of the second loan obligation of this case was lost, and as of June 3, 2014, the balance of the second loan of this case as of June 3, 2014 is the principal amount of KRW 1,300,000,00, interest and delay damages amount of KRW 1,870,05,425, total of KRW 3,170,05,05,425.

Plaintiff

The Korea Deposit Insurance Corporation (hereinafter “Plaintiff 2”) of the Bankrupt Savings Bank (hereinafter “Plaintiff 2”) filed a lawsuit with the Seoul Central District Court 2013Gahap532178 against B seeking the payment of the instant second loan, and obtained a favorable judgment on September 19, 2014. The said judgment became final and conclusive on October 28, 2014.

(c) Seoul Mutual Savings Bank (hereinafter referred to as Seoul Mutual Savings Bank);

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