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(영문) 서울남부지방법원 2016.07.21 2015가합4659
양수금
Text

1. The Plaintiff:

A. As to Defendant Limited Partnership Company A and B, jointly and severally KRW 512,542,282 and KRW 100,000,000,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established pursuant to the Asset-Backed Securitization Act with the objective of credit under a loan contract, acquisition or transfer of real estate inflows into business, or entrustment business to another trust company. The Defendants are those who received or guaranteed the loan of a high-speed mutual savings and finance company.

B. On December 31, 1998, Defendant Limited Partnership Co., Ltd. entered into a loan agreement which is the discount rate of 1,200,000,000 won in accordance with the basic terms and conditions for credit transactions with Korea Mutual Savings and Finance Company and Korea Mutual Savings and Finance Company, and the due date of which is 24% per annum on January 4, 199, and the due date of which is 1,20,000,000 won, and Defendant B and the networkF entered into a collateral guarantee agreement with Defendant B to guarantee the obligations under the above loan agreement.

C. On June 26, 1999, the Plaintiff and the Korea Mutual Saving and Finance Company Co., Ltd. concluded a contract to transfer all of the rights and obligations to the Defendants to the Plaintiff and the Plaintiff, according to the Asset-Backed Securitization Act, in order to liquidate the above claims based on the Asset-Backed Securitization Act.

The Defendant Limited Partnership Company A’s default on the obligation of Defendant Limited Partnership A delayed repayment of the above loan, and as of November 1, 2014, the principal and interest of the loan remains in KRW 791,305,021, and the loan interest in KRW 3,264,467,794, a total of KRW 4,05,772,815.

E. The deceased F’s death and inheritance networkF died on February 14, 2008, and the deceased C, D, and E, the heir of the deceased F, inherited the deceased F’s active and small property at the rate of 3/7, 2/7, 2/7, and 2/7, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to the gist of the Plaintiff’s assertion, Defendant limited partnership companies and joint and several suretiess are jointly and severally liable to the Plaintiff for KRW 4,05,772,815 and KRW 791,305,021.

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