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(영문) 서울중앙지방법원 2016.04.20 2014가합576144
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from September 26, 2014 to KRW 210,426,375 and KRW 179,395,824 among them.

Reasons

1. Facts of recognition;

A. 1) The Korean National Bank Co., Ltd. (hereinafter “Nonindicted Bank”)

) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(B) On March 24, 2011, each company's general operating loan of each subject of loan, the principal of the loan is KRW 400 million and KRW 249 billion, and the credit transaction agreement on March 24, 2012 (hereinafter "the credit transaction agreement of this case") dated March 24, 2012, respectively.

(2) On March 24, 2011, the Defendant C, as the representative director of the Defendant Company, made a limited guarantee agreement with a maximum amount of KRW 520,000,000,000 to the Defendant Company’s loan obligations to the Nonparty Bank under the said credit transaction agreement.

3) Meanwhile, Defendant B, the spouse of Defendant C, as a security for the claim for the above loan against the Defendant Company of the Plaintiff Company, concluded an additional agreement with the Defendant Company on March 26, 201 on the items, such as interest rate, payment of commission, damages for delay, etc., in addition to the loan agreement between the Defendant Company and the instant credit transaction agreement, as it was received on March 24, 201, No. 19681, the Suwon District Court of Ansan-gu, Ansan-gu, Seoul District Court: (a) on March 24, 201, came to complete the registration of the establishment of a neighboring mortgage at KRW 360,000,000 for the Defendant Company’s bank, the obligor Company, and the maximum debt amount; (b) on March 26, 2012.

B. 1) On November 6, 2012, Nonparty bank entered into an asset acquisition agreement with the content that it transfers the loan claims under the instant credit transaction agreement to Nonparty Joint Asset Management Company. On November 29, 2012, Nonparty bank entered into an asset acquisition agreement with Nonparty bank, Nonparty Joint Asset Management Company, and Plaintiff entered into an asset acquisition agreement with the purport that the said assets acquisition agreement transfers all the contractual status under the agreement to the Plaintiff. 2) Nonparty bank and G content-certified mail.

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