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(영문) 대구지방법원 2015.05.14 2014가합202107
양수금
Text

1. Within the scope of the property inherited from the network K by Defendant C, E, F, G, I, and J to the Plaintiff:

A. Defendant A.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a payment guarantee transaction agreement (hereinafter “payment guarantee agreement of this case”) on October 8, 1996 and an overdraft loan transaction agreement (hereinafter “overdraft loan”) on July 25, 1996 with the Non-Party D Co., Ltd. Co., Ltd. (hereinafter “deed Bank”). The matters not expressly determined at the time of the agreement are set forth in the basic terms and conditions of the lending Bank transaction, and the compensation rate for delay is set according to the change in the above terms and conditions, and Defendant B, Non-Party D, and Defendant D Co., Ltd. (hereinafter “Defendant D”) agreed to guarantee each blanket assignment of the payment guarantee payment guarantee amount of this case, the obligation of the overdraft loan of this case, and each of the said promissory notes made a endorsement to secure the above obligation.

B. On September 29, 198, under Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Non-Performing Assets and the Establishment of Korea Asset Management Corporation, and Article 4 of the Act on the Establishment of Korea Asset Management Corporation, the payment was not made to the Plaintiff on December 12, 1996, and the payment was not made by Defendant A from Non-Party D on December 12, 1996, and the payment was made on behalf of the Plaintiff on July 25, 199, by paying the above money in lieu of the payment guarantee under the instant payment guarantee, and the payment was made on July 25, 199. The transfer was notified to Defendant B, Dong K, and Defendant D on November 16, 1998.

C. The Plaintiff: (a) the principal and interest of the instant payment guarantee substitute payment of KRW 2,54,148,849, which was not paid by February 24, 1999 against Defendant A, B, and Dong K and Defendant D (i.e., the remaining principal and interest up to February 24, 1999, KRW 1,084,195,801) and damages for delay incurred from February 25, 1999 with respect to KRW 2,75,684,062 and the remaining principal and interest of KRW 1,459,953,048,048, which were not paid by February 24, 1999.

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