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(영문) 서울중앙지방법원 2017.05.23 2016가합557130
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 3,610,587,616 and the interest rate of KRW 15% per annum from October 7, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a mutual savings bank established under the Mutual Savings Banks Act. 2) The Plaintiff is a mutual savings bank established under the Mutual Savings Banks Act. C controlled H groups, including D, E, stock companies, F and stock companies, and G. The said banks were transferred to the current management who is a stock company I, and on September 2, 2013, the trade name of D was changed to A (Plaintiff) (hereinafter referred to as “stock company’s name” was omitted when referring to the said corporations), and after October 31, 2014, the Plaintiff merged J, K, L (former trade name was changed, E, F and G) with each other.

3) The Defendant, as a company aimed at mediating investment and corporate mergers, was registered as the representative director from January 27, 201 by C, and thereafter from January 27, 201, as C’s type M. B. A (hereinafter “I”) on September 16, 201, concluded a monetary loan agreement with the Defendant for consumption and loan between I and the Defendant, and set the Defendant as 38 billion won due date for payment on March 16, 201 and as 8.8% per annum interest (hereinafter “the said monetary loan agreement”), and C jointly and severally guaranteed the Defendant’s loan obligations.

2) On March 12, 2012, I extended the repayment period of the instant loan obligation by December 14, 2012, and C consented to the extension of the said payment period (hereinafter “the primary contract revision”).

(3) On May 29, 2012, the Defendant and C drafted a modified agreement on the instant loan for consumption with I on May 29, 2012, the Defendant and C set up a pledge with each of the NN owned by the Defendant and C (hereinafter “N”) as a pledgee in order to secure the instant loan obligations.

(hereinafter referred to as “the second amendment”). (c)

On February 5, 2016, the shareholders of the Defendant and N, including C, entered into a share purchase contract to sell N's shares to the consortium of the Jeonbuk Bank.

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