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(영문) 서울중앙지방법원 2017.12.22 2017가합9942
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From February 7, 2012, for KRW 214,95,990 and KRW 213,950,316 among them:

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (the first mutual name was “A”) concluded a credit transaction agreement (hereinafter “the first credit transaction agreement of this case”) with Defendant A on June 14, 2005, and dissolved after the merger; hereinafter “Defendant A”) concluded a credit transaction agreement (hereinafter “the first credit transaction agreement of this case”) with the new bank on October 11, 2004 with the new bank (hereinafter “new bank”) on December 10, 205, with a credit loan of general fund, credit limit of KRW 1.3 billion, and the expiration date of the credit period (the extension on October 9, 2009 through several additional agreements). Defendant B borrowed KRW 1.3 billion from the new bank on October 11, 2004 based on the credit transaction agreement of this case as the guarantee limit of the new bank on October 11, 2004, Defendant B set the guarantee limit of the new bank on October 10, 2005 and Defendant B borrowed the debt amount of KRW 1.3 billion from the new bank on October 10.

B. On May 18, 2007, Defendant A entered into a credit transaction agreement (hereinafter referred to as “the instant credit transaction agreement”) with the new bank on May 18, 2007 by determining the credit transaction agreement (hereinafter referred to as “the instant credit transaction agreement”) on May 18, 2008 (the extension to May 18, 2010 through several additional agreements) and upon receiving a loan of KRW 300 million from the new bank pursuant to the instant credit transaction agreement, and on May 18, 2007, Defendant B determined the guarantee limit of the instant credit transaction agreement with Defendant A as KRW 390,000,00 on May 18, 2007. Defendant B determined the guarantee limit of the instant credit transaction agreement with Defendant A’s new bank as KRW 20,000,000 on May 18, 207.

C. On June 24, 2010, the Plaintiff included each credit transaction agreement of the instant case, each of which was transferred by the Joint Asset Management Co., Ltd and the Korea-Japan Bank on May 25, 2010, and the interest claim of KRW 4,487,671 against Defendant A of the new bank (hereinafter “instant securitization assets”).

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