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(영문) 서울중앙지방법원 2017.01.12 2016나26166
양수금
Text

1. All appeals filed by both Defendant (Appointed Party) and Defendant C are dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) A and .

Reasons

1. Basic facts

A. On July 18, 2006, SB Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) entered into a credit transaction agreement with D on July 19, 2008 at the rate of 1.1 billion won per annum 24% per annum, under the said credit transaction agreement with D on July 19, 2006.

(hereinafter referred to as “instant loan”). (b)

On July 18, 2006, the Defendant (Appointed Party, hereinafter referred to as the “Defendant”) A, the Defendant C, and the Selection Company B agreed to provide a joint and several surety between the Non-Party Savings Bank and the Non-Party Savings Bank with the amount of guarantee limit of KRW 1.43 billion, and D agreed to provide a joint and several surety to the Non-Party Savings Bank with the present and future obligations.

C. On July 25, 2013, Non-Party Savings Bank transferred the principal amount of KRW 992 million among the instant loan claims to the Plaintiff, and notified the principal debtor D and the Defendants of the transfer of claims around August 5, 2013.

As of April 28, 2015, the loan claims of this case that the Plaintiff acquired remain at KRW 1,001,189,813 ( principal principal KRW 99,189,813).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendants and the designated parties B Co., Ltd. shall jointly and severally request the Plaintiff to pay KRW 50 million to the Plaintiff the principal amount of KRW 50 million and the copy of the complaint in this case from July 31, 2015 to September 30, 2015 (the date following the designated parties B Co., Ltd., and June 3, 2015, respectively) under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015). The following day to the date of full payment is related to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the promotion of legal proceedings.

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