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(영문) 부산지방법원 2015.01.21 2014가합44195
양수금
Text

1. The Plaintiff:

(a) Defendant A shall have the amount of KRW 224,040,616 and the amount listed in Appendix 1 Schedule;

(b) Defendant B, C, D, E, F, G, H.

Reasons

1. Basic facts

A. A. Around January 1, 1999, Korea Commercial Bank, Inc., was established as Korea Light Bank upon its merger with Korea Commercial Bank, and Korea Light Bank was incorporated into Korea Capital Market (State) around 2001.

(hereinafter “Nonindicted Bank”) concluded a loan agreement with Defendant A from June 1995 to December 1, 1997 as indicated in the following table. Nonparty SeaJ provided joint and several surety for Defendant A’s loan obligations with respect to the first, second, and nine principal and interest of loans, and limited guarantee for Defendant A’s loan obligations with respect to Defendant’s loan obligations.

J J JJJJJ

B. On September 29, 1998, the non-party bank transferred to the plaintiff all of the principal and interest claims against Defendant A of the non-party bank (hereinafter “the claim in this case”). Around that time, the non-party bank notified the deceased and the joint guarantor of the assignment of claims.

C. On July 30, 2004, the Plaintiff received the instant claim against the Defendant A and the NetworkJ, etc., as Busan District Court Decision 2004Gahap8619, and the above court rendered a judgment on July 30, 2004, that the Defendant A was jointly and severally liable with the Defendant to pay the Plaintiff KRW 224,040,616 as well as damages for delay, and the Defendant J was jointly and severally liable to pay the Plaintiff the amount of KRW 118,693,737, out of the above KRW 224,040,616, and the damages for delay. The above judgment became final and conclusive as of September 1, 2004.

On the other hand, the deceased J died on February 8, 2005, and as a child of the deceased J, the defendant B, C, D, E, F, G, H, and I filed a petition for the adjudication on qualified acceptance of inherited property with the Busan Family Court in relation to the inheritance of the deceased J's property, and the above claim was accepted as of August 29, 2007.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination:

A. According to the above facts in determining the claim against Defendant A, Defendant A, the principal obligor of the instant claim, is at least 224,040,616 won and the principal amount of outstanding loan, to the Plaintiff, the assignee of the instant claim.

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