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(영문) 창원지방법원 2014.11.28 2014가단70774
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 102,327,327 and KRW 20,236,790 among them.

Reasons

1. Basic facts

A. The Defendant Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a loan transaction agreement with the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), with each of the following contents. Defendant A entered into a joint and several guarantee agreement with respect to loans set forth in Tables 1, 2, and 3 below.

On the other hand, the damages for delay did not follow the rate of damages for delay set by the Bank of Gyeongnam.

(Amount-unit: 50,00,000 loan agreement for 1 loan agreement for joint and several sureties which is the date of the agreement on the loan section of the number-based loan agreement and 50,000,000 loan agreement for 1 loan agreement for 1997.04.03 A, B2 loan agreement for 40,000,000 ordinary loan for 195.12.30,000 ordinary loan for A3 loan agreement for 1997.0

B. Meanwhile, the Defendant Company: (a) obtained a loan from Gyeongnam and did not repay the loan to the Plaintiff; (b) thereby, (c) the Gyeongnam Bank transferred all of the claims against the Defendants to the Plaintiff; and (d) the Plaintiff filed a lawsuit claiming the acquisition amount against the Defendants on March 31, 2004 by the Changwon District Court 2003dan 39708. The said judgment became final and conclusive at that time.

C. However, the Defendants did not repay all obligations under the above judgment, and currently bear the remaining obligations as follows:

(Amount-1) 8,839,977,839,837,839,97- - 7,654,791- - 320,236,790,795,769, 832,59% in total, 20,236,790, 599% in total, 20,236,890, 836, 832, 599% in total, 20,790, 537, 327, 327, 197, 197, 208.17, 207, Nov. 17, 1998; 207, 75,790, 790, 790, 537, 537, 327, 327, 327, 198

2. The Defendant Company rendered a judgment on the principal safety defense of the Defendant Company, as the Defendant Company ceased to exist after the completion of liquidation on December 4, 2009, limited to the instant lawsuit against a person who has no standing to be a party.

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