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(영문) 서울중앙지방법원 2016.06.24 2015가합555694
양수금
Text

1. The Defendants jointly and severally do not exceed KRW 2,860,000,000 and KRW 1,697,389,514 and KRW 655,423 of the said money.

Reasons

1. Basic facts

A. On June 10, 2008, the Pest Savings Bank (hereinafter collectively referred to as the “Pest Savings Bank”) lent KRW 2.2 billion to C Co., Ltd. (hereinafter referred to as the “C”) on June 10, 2008 (hereinafter referred to as the “C”), and the Defendants jointly and severally guaranteed the above debt owed to PPest Mutual Savings Bank within the limit of KRW 2.86 billion.

B. On March 6, 2012, the Peru Savings Bank received dividends of KRW 1,54,57,389,514 in the case of real estate rental sale on the land under Article 107, 108, 110, 201, 202, 406, and 412 of the Bupyeong-si E-gu Seoul Special Metropolitan City E-U.S. E-U. (Seoul Special Metropolitan City Branch Branch D) and appropriated for the repayment of the principal of the loan claim of this case. The loan claim of this case remains after appropriation for the principal amount: KRW 1,697,389,514 [the loan claim of this case = KRW 65,423,345 [the remaining principal amount = KRW 2,200,00,00 - dividends of KRW 1,54,576,655].

C. On September 24, 2014, the SPP Savings Bank extended the instant loans to a limited liability company for C&P asset management loans.

On October 24, 2014, the part remaining after the receipt of dividends was transferred, and the C&P asset management loan limited company transferred the instant loan claims that it acquired to the Plaintiff as above.

[Reasons for Recognition] Each entry of Gap evidence 1 through 6 (including branch numbers), and the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally and severally liable to the Plaintiff, and with respect to KRW 1,697,389,514 and the remaining principal of KRW 655,423,345, the following day after the Defendant was served with the duplicate of the complaint of this case, and the Defendant B is within the interest rate or its scope under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 15, 2015 to the day of full payment, which is the following day after the Defendant was served with the duplicate of the complaint of this case.

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